
Class _£ /""u> 

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GopNiight N'? ^^^1 ^ 

COPi'RIClIT DEPOSIT. 



The Story of the 
Old Boston Town House 



, , ,. - — ■ ■■ ■■■■ ■■■ "^ H i t HIM M l * Tir flH i ir iir iii j be 



H 



The Story of the 
Old Boston Town House 

1658-1711 

BY 
JOSIAH HENRY BENTON, ll.d. 

AUTHOR OF "SAJIUEL SLADE BENTON : HIS ANCESTORS AND DESCENDANTS' 

"A NOTABLE LIBEL CASE," "EARLY CENSUS-MAKING 

IN MASSACHUSETTS, 1643-1765," &C. 

With Portraits and Illustrations 



BOSTON 

Privately Printed 

1908 

■ ■■ »■»■ 5Mmm lllLl» ^— ■ ■«» »■■■ ■■»— »»^- 






COPYRIGHT, 1908, BY J. H. BENTON 



[ 350 Copies Printed ] 



LIBRARY of oor;ar:£SS 

Tv/fcCoyies ncCDived 

JaN 9 1909 

«. Ciipyriei-u Er'.rrv _ 



t- 



COPY 



D. B. UPDIKE, THE MERRYMOUNT PRESS, BOSTON 



Contents 

PAGE 

INTRODUCTION ix 

CONDITIONS IN TOWN AND COLONY BEFORE THE 

TOWN HOUSE WAS BUILT 3 

ORIGIN AND CONSTRUCTION OF THE TOWN HOUSE 49 

COLONY AND TOWN USES OF THE TOWN HOUSE 69 

SHOPS UNDER AND ABOUT THE TOWN HOUSE 81 

REPAIR OF THE TOWN HOUSE 89 

GENERAL USES WHICH WERE MADE OF THE TOWN 

HOUSE 93 

USE OF THE TOWN HOUSE BY THE TOWN OF BOSTON 97 

THE TOWN HOUSE AS THE PLACE OF POSTING NO- 
TICES AND PUBLISHING LAWS 107 

USE OF THE TOWN HOUSE AS THE PLACE OF PUBLIC 

RECORDS 1 1 1 

USE OF THE TOWN HOUSE FOR A PUBLIC LIBRARY 119 

USE OF THE TOWN HOUSE AS A PLACE OF WORSHIP 127 

THE USE OF THE TOWN HOUSE BY THE COLONY 
GOVERNMENT UNDER THE ORIGINAL CHAR- 
TER, 1659-1686 145 

USE OF THE TOWN HOUSE BY THE PROVINCIAL 

GOVERNMENT, I686-I689 173 

USE OF THE TOWN HOUSE BY THE PROVISIONAL 
GOVERNMENT, I686-I692; AND BY THE PROVIN- 
CIAL GOVERNMENT UNDER THE PROVINCE 
CHARTER, 1692-1711 183 



Contents 

DESTRUCTION OF THE TOWN HOUSE 201 

APPENDIX 3* 

REFERENCE TABLES 19* 

AUTHORITIES CONSULTED 21* 

INDEX 29* 



List of Illustrations 

Facing page 

BOSTON TOWN HOUSE 3 

Drawn from a Description in the Building Contract 

BOSTON TOWN HOUSE AND LOCALITY 71 

View looking up State Street 

Drawn from a Description in the Building Contract 

PLAN OF BOSTON TOWN HOUSE 78 

Drawn from a Description in the Building Contract 

SIMON BRADSTREET 94 

From a painting in the State House, Boston 

INCREASE MATHER 101 

From a painting hy John Vanderspriet in the possession 
of the Massachusetts Historical Society, Boston 

Sir EDMUND ANDROS 112 

From a painting in the possession of W.F.Andros, Esq., 
of London 

JOHN ENDICOTT 154 

From a painting in the State House, Boston 

SAMUEL SEWALL 170 

From a painting hy John Smihert in the possession of 
the Massachusetts Historical Society, Boston 

JOSEPH DUDLEY 196 

From a painting in the possession of the Massachusetts 
Historical Society, Boston 

"BURNINGS BEWAILED," by Increase Mather 207 

(1711) 

Reproduction of Title-page from the copy in the Boston 
Public Library 

"ADVICE FROM TABERAH," by Cotton Mather 211 

(1711) 

Reproduction of Title-page from the copy in the Boston 
Public Library 



Introduction 

THE first important building for secular pur- 
poses in New England was the Boston Town 
House, built in 1658, at the head of State 
Street, where the present Old State House now stands. 
This Town House was destroyed in the great fire of 
1711. The interest which properly attaches to the his- 
tory of the present building, constructed the year after 
the fire, has obscured the more important history of 
the original building. It may therefore be of value to 
those who love the memory of the olden time, when 
civil government in New England was getting under 
way, to give the story of the ancient edifice, which 
was for so long the centre of the civil and pohtical 
life of the town and colony, and to review some of 
the events which occurred in it and about it. 

No building in America has a history more interest- 
ing or instructive to the student of free government 
than the Boston Town House. Within its wooden walls 
American independence was born. It was the cradle 
of representative government in the New World, and a 
separation of executive, legislative, and judicial powers 
was developed by the contests waged in and about it. 
Here freedom of religious worship was first recognized 
in Massachusetts, and freedom of speech and of the 
press, though at first denied, finally prevailed. The Bos- 
ton Town House was the seat of government of the 
Colony under the original Colony Charter, from 1659 
to 1684; of the government of the "Province of New 
England" under the royal authority, from 1684 until 

[ix] 



Introduction 

1689 ; of the government by the people, under the 
name of the "Council of Safety and Conservation of 
the Peace," from 1689 until the establishment of the 
"Province of the Massachusetts Bay in New England," 
under the Royal Charter of 1691, and then under 
this Charter until 1711. The accomplished Bellingham, 
the bigoted Endicott, the passionate Phips, the brave 
and popular Leverett, the wise and conservative Brad- 
street, the tyrannical Andros, the amiable Bellomont, 
and the crafty and selfish Dudley, all sat as governors 
in the council chamber of the Town House. It was 
here that Andros was proclaimed " Governor of New 
England" in 1686, and here he concentrated all execu- 
tive, legislative, and judicial power in his own hands for 
nearly three years, until his arbitrary rule was broken 
by the revolt of the people and he was driven from the 
Colony, never to return. Here Dudley disgraced the 
judicial ermine as chief justice, and when the colo- 
nists claimed their rights under Magna Charta told 
them they must not expect the laws of England would 
follow them to the ends of the earth. Here, upon the 
uprising of the people in 1689, Dudley was brought 
and guarded by armed men until he was imprisoned in 
the castle to protect him from the fury of the people ; 
and here, in 1702, by a strange turn of fortune, he again 
came into power and was proclaimed as "President of 
Massachusetts, New Hampshire, Main, and the Nar- 
ragansett country, or King's Province." 

The Town House was for more than half a century 
the centre of the public affairs of the town and of the 
Colony. The laws of the Colony were there published, 

[x] 



Introduction 

and the regulations of the town were there posted. Dis- 
tances were measured from it, and those liable to mili- 
tary duty were summoned to assemble at it. Public 
meetings of humiliation and prayer and festivities 
were held in it. It was illuminated and decorated for 
victories, and darkened and draped for defeat. It was 
here that royal proclamations were read, and here the 
people met to protest against the tyranny of the royal 
governors and the oppression of the Crown. The stocks, 
the whipping-post, the prison, and the gallows stood 
close by, and the sentences pronounced by the courts 
within the Town House were executed under its walls. 

In this building the pulse of the people beat, and it 
became saturated and vibrant with the spirit of the 
time. Its story is the story of what was done in and 
about it, — the story of the time, — and is best told in 
the language of the records of the time. No modern 
phrases can bring to our minds the conditions of that 
olden time as effectively as the quaint and simple lan- 
guage of the records which were then written. The 
most important of these are the records of the select- 
men and of the meetings of the inhabitants of the 
town, and the records of the General Court and other 
courts of the Colony. During the period from 1674 
until 1711 these are supplemented by the inimitable 
diary of the New England Pepys, Samuel Sewall. 

The process by which the people of Boston and of 
the Colony, having in the beginning no written laws 
and no established rules of conduct and of govern- 
ment, slowly created day by day and year by year, as 
the necessities of their conditions required, an orderly 

[xi] 



Introduction 

and efficient town and colony government is a most 
interesting social and political study. For such a study, 
the story of the Old Boston Town House makes an ex- 
cellent nucleus. Some of the details of its construction 
and uses may perhaps seem uninteresting ; but as they 
have historical value, they have been given place here. 
The location of the streets and of the houses of the pro- 
minent citizens, the market, the church, the jail, the 
meeting-places for the various official bodies, the cus- 
toms of the colony in respect to trade, to the punish- 
ment of crime, to education, and to the worship of God 
are all to be found in the records of those early years. 



The Story of the 
Old Boston Town House 



"The Puritan can well afford to be painted as he was." 

H. W. FoOTE 



Conditions in Town and Colony before 
the Town House was Built 

WHEN, in 1630, the first settlers of Boston 
came from Charlestown across the Mystic 
River to the peninsula then known as " Tri- 
mountain," most of them settled in the territory now 
included within Milk, Bromfield, Tremont and Han- 
over streets and the sea. The two principal streets 
were those now known as State Street and Washing- 
ton Street. State Street was called indifferently "the 
Water Street," "the INIarket Street," or "the Great 
Street;" it began at the sea, at about the present lo- 
cation of Exchange Street, and ran to Washington 
Street, then called "the Corn-Hill," "the High Street," 
or "the Road to Roxbury." Extending west from the 
Corn-Hill, at the head of the Great Street, was Prison 
Lane, twelve feet wide, leading to the prison where the 
Old Court House in Court Square now stands. This lane 
was afterwards widened twenty-five feet and called 
"Queen Street," and is now Court Street. At the south 
corner of Prison Lane and the Corn-Hill was the house 
of Samuel Cole, and opposite on the north corner of 
the Lane and the Corn-Hill w^as the house of Thomas 
Fairweather. On the south corner of the Corn-Hill and 
the Great Street was the house of Thomas Matson, and 
on the opposite corner were the house and land of the 
Rev. John Wilson, pastor of the First Church. 

The notable spot of the town was the junction of 
the Great Street and the Corn-Hill. The Great Street 
was there 113 feet wide, and continued substantially of 

[3] 



The Story of the 

this width for 150 to 200 feet easterly, toward the sea. 
Within this large space was the market-place, where 
agricultural products and articles of barter and trade 
were brought and placed on the ground, while sellers 
and buyers moved about among the wares without shel- 
ter from the weather. The importance of this market- 
place in the life of the town is curiously illustrated by 
the history of the choice of location for the second meet- 
ing-house, which was built in 1640. The first meeting- 
house was built in 1632, and was just below the site of 
the market-place on the south side of the Great Street, 
nearly on the spot where the present Brazer Building 
stands. This structure was occupied not only for wor- 
ship, but for all the public secular business of the town 
and of the Colony, until 1639; when, being "decayed 
and too small," it was sold and a new meeting-house 
was built on the west side of the Corn-Hill, on the site 
of the present Rogers Building. This location was chosen 
in preference to the one where the Old South Meeting 
House now stands, because the tradesmen who dwelt 
about the market-place desired the meeting-house to 
be placed near the market, so that the chief trade of 
the town should not be diverted from it. 

The junction of these two streets was the place where 
the first saw-pit for cutting lumber by hand was located. 
On October 17, 1636, the selectmen ordered that "all 
the timber in the markett place shalbe taken away be- 
fore the next meeting day, which is to be on the 1 day 
of the next moneth, upon the forfeyture of such timber 
as shalbe there then found, and that noe more timber 
shalbe thither brought upon the forfeyture thereof, and 

[4 ] 



Old Boston Town House 

the markett place to be gotten cleane and cleare dressed 
by that time by WilUam Brenton and John Sampford, 
upon theire forfeyture of x^. in default thereof, and 
the sawe pitte gotten filled." 

This shows that the use of the market-place for a 
market had then become so important that it could not 
any longer be occupied for other purposes, and its use 
continued to be thus restricted until the construction 
of the Town House in it, in 1658. 

It was about this market-place, and the old Town 
House, that the httle Puritan settlement grew to be 
the most important municipality in the ^Massachusetts 
Bay Colony and in New England. The colonists com- 
bined in a characteristic fashion their commercial and 
religious observances. In March, 1633-4, the General 
Court "ordered that there shall be a market kept at 
Boston upon every Thursday, the fifth day of the week." 
This was the famous "Lecture Day," on which vigor- 
ous week-day instruction supplemented the Sunday 
preaching. Lechford says: "Upon the weekdays there 
are lectures in divers towns and in Boston upon Thurs- 
days, when Master Cotton teaches out of the Revela- 
tion." 

Gathered about meeting-house and market-place 
were the dwellings of the men of light and leading in 
the young colony. In 1645 Governor John Leverett 
lived at the corner of Prison Lane and the Corn- Hill; 
Robert Keayne at the south corner of the Corn-Hill and 
the market-place, in the Great Street; the Rev. John 
Wilson on the opposite side of the market-place and 
the east side of the Corn-Hill; and Thomas Buttolph 

[5] 



The Story of the 

on the west side of the Corn-Hill, at the corner of 
Prison Lane. John Cogan had a house and shop on the 
north corner of the market-place and the Corn-Hill; 
John Dunster is named in the Book of Possessions 
as the owner of the lot on the site of the present Ames 
Building, but recent research shows that it belonged to 
the Rev. Joseph Glover, whose widow Dunster married 
in 1641. 

There is no record of the laying out of these streets 
or of any of the earliest streets of Boston. Their boun- 
daries were fixed by the construction of the rude 
dwellings of the early settlers on either side, and were 
subsequently confii-med by law.* 

The first houses were constructed of logs or of 
rough stones, the crevices stopped with mud, and had 
thatched roofs and chimneys of sticks plastered with 
clay. It is said that when Deputy Governor Dudley built 
his house at Newtowne, in 1632, Governor Winthrop 
reproved him for his showy extravagance because he 
covered the walls with clapboards. 

Thus closely grouped about the two centres of their 
common life, the market-place and the meeting-house, 
and thus simply housed, the colonists began to work 
out their ideal of a God-fearing government. Their 
earliest actions are significant and worthy the most care- 
ful study. The people were so few that at first they met 
together in what they called "General Meetings," and 
ordered their affairs by their general action. These meet- 
ings appear by the record to have been usually warned 

*See Sec. 2, Act July 6, 1734-5, Province Laws, ii. 711, as to boundaries of an- 
cient ways where buildings or fences had been maintained against them for 
more than forty years. 

[6] 



Old Boston Town House 

by public notice "ftom house to house," and sometimes 
to have been "privately warned." In a short time, how- 
ever, they began to choose certain of their number, 
usually nine, "to manage the prudential affairs of the 
town." These were chosen for the term of only six 
months, and at first were called "Townsmen," then 
"Select Townsmen," and finally simply "Selectmen." 
This office was deemed very important and was held 
by the most eminent persons. Governor Winthrop was 
for a long time not only governor of the Colony, but 
also a selectman of the town. 

The townsmen or selectmen were not paid for their 
services, but their food was provided at the town cost. 
In 1641 an order was made "that the Constables shall 
Pay unto Robert Turner for diet for the Townsmen 
£2-18 sh." 

The first settlers called each other brothers and sis- 
ters, and these titles were not only used in private inter- 
course, but are often found in grants of land; that is, 

a grant would be made to "our Brother "or to "our 

Sister ." They permitted no one to become an in- 
habitant without the consent of the town, and pro- 
hibited the entertainment of strangers for more than 
fourteen days without the permission of the selectmen. 
They regulated the use of the common lands, required 
the fencing of cultivated lands, and appointed scaven- 
gers or persons to keep the shores and the waters free 
from impurities and obstructions. One of their first pub- 
lic acts was to set up a whipping-post in the market- 
place. As early as March, 1639, it was ordered that no- 
tices of stray swine be set up "on the Whipping Poast." 



The Story of the 

They permitted no person to open a shop or to follow 
any trade without permission of the town or the se- 
lectmen. They established a free school, assessed taxes 
to be paid in corn, rye and wheat, and fixed the prices. 
In 1641 Indian corn was valued at three shillings a 
bushel, rye at three shilhngs fourpence, and wheat at 
four shillings a bushel. 

They erected fortifications for the protection of the 
town, regulated the depth of graves for the burial of 
the dead, and forbade the sale of any land or houses 
without notice to the selectmen. They paid four 
pounds a year for ringing a bell at nine o'clock at 
night and half-past four in the morning, and in 1650 
they set up a town clock. They fined persons ten shil- 
lings whose chimneys were permitted to be on fire 
so as to flame out of the top, prohibited playing foot- 
ball in the streets, keeping sheep or swine upon the 
Common, and provided measures of brass as standards 
for the town. They admitted Inhabitants, Townsmen, 
and Freemen; women were admitted as Inhabitants, 
and Townsmen were admitted only to action in town 
affairs, while Freemen, who were required to be mem- 
bers of the church, alone voted for Deputies to the 
General Court, and in 1658 it was ordered that "the 
times of meeting for the Freemen should be distinct 
from the general townes meetings." 

Such, in general, were the condition and the conduct 
of town affairs at the time the Town House was con- 
structed. In the same way, out of the necessities which 
arose from time to time, the colony government under 
the Charter had grown up. This government existed 

[8] 



Old Boston Town House 

under letters patent from Charles I, granted March 4, 
1628-9, a date corresponding to March 15, 1628, in the 
computation of time adopted in 1752 as "New Style." 
This grant was sometimes called "the Patent," and 
sometimes "the Charter" of the Colony. It constituted 
Sir Henry Rosewell, Richard Saltonstall, John Endi- 
cott, and others, with such as should thereafter be ad- 
mitted and "made free of the Company," "one body 
corporate and politique in fact and name, by the name 
of the Governor and Company of the Mattachusetts 
Bay in Newe England," granted to them the lands of 
New England, and required the government of the 
Colony to be by a governor, deputy governor, and 
eighteen assistants of the company to be chosen out 
of the freemen of the company. 

A study of the records of colonial procedure shows 
a singular mingling of contradictory tendencies. With 
the claim for unrestricted liberty, there was combined 
the most detailed supervision of personal conduct. A se- 
lection of a few of the typical acts of the colonists will 
throw light on the character of the people who were 
hving in and about Boston and for the convenience of 
whom the Town House was built. At the first meet- 
ing of the assistants in the Colony, August, 23, 1630, 
provision was first made for the maintenance of the 
ministers, then a beadle was provided "to attend upon 
the Governor and always to be ready to execute his 
commands in pubUc business," and then the governor, 
deputy governor and three other persons were made 
justices of the peace, to have the same power that jus- 
tices of the peace had in England. At the same meeting 

[9] 



The Story of the 

it was ordered "that carpenters, joyners, brickelayers, 
sawers and thatchers shall not take aboue two shillings 
a day, nor any man shall giue more, vnder paine of ten 
shillings to taker and giuer." 

At the next meeting Boston, Dorchester and Water- 
town were given their names as towns, and it was or- 
dered that "no persons should plant" (settle) in any 
place within the limits of the patent without leave of 
the governor and assistants. In September, 1630, ser- 
vants were forbidden to trade in any commodity ; con- 
stables were chosen; a seizure of "strong water" was 
ordered, because the owner had sold great quantities 
thereof and produced disorder, drunkenness, &c.; wages 
of mechanics were still further regulated ; two persons 
were ordered to be whipped, and two to be set in the 
stocks; a colony tax was levied upon the different towns, 
and coroners' inquests were had with verdicts of juries. 
In October, "for the establishing of the government," 
it was voted that the freemen should choose assistants 
and the assistants should choose from themselves a 
governor and deputy governor, who with the assistants 
should have power of making laws and choosing officers 
to execute them. In November a jury of twelve was im- 
panelled, and Walter Palmer was tried for manslaugh- 
ter and acquitted ; Sir Richard Saltonstall was fined £5 
for whipping two persons without the presence of an- 
other assistant; Bartholomew Hill was adjudged to be 
whipped for stealing a loaf of bread, and John Baker 
to be whipped for "shooteing att fowle on the Sabboth 
day." At a Court in March, 1631, a constable was fined 
for an atteinpt to solemnize marriage between two 

[10] 



Old Boston Town House 

persons; trading money to the Indians was prohib- 
ited; and one Knopp was fined £5 for "taking upon 
him to cure the scurvy by water of no worth, which 
he sold at a very dear rate;" one Thomas Foxe was 
whipped for uttering scandalous speeches concerning 
the Court; and it was provided that whenever the 
number of assistants should be fewer than nine, it 
should be lawful for the major part of them to keep a 
court. In the same month it was ordered that all per- 
sons having "cards or dice or tables" (evidently gaming- 
tables) in their houses should make way with them 
under pain of punishment; the restriction upon the 
wages of carpenters, joyners, &c., was removed; and 
three men were ordered to be whipped for stealing 
pigs. 

-^/ On May 18, 1631, at a Court of Assistants, when there 
were present only the governor and deputy governor 
and five assistants, it was " Ordered and agreed that 
for time to come noe man shalbe admitted to the free- 
dome of this body poUiticke, but such as are members 
of some of the churches within the lymitts of the same." 

This fundamental order, made at a meeting of only 
seven out of the eighteen assistants required by the 
charter, — the least number that could lawfully act, — 
put the Colony government into the absolute control 
of the Puritan Church, This Court then authorized a 
ferry to Charlestown^ fixed the rates of ferriage, or- 
dered standards of weights and measures, and forbade 
the killing of wild swine. 

In June, 1631, the Court provided that no person 
should be hired for a servant for less time than a year, 

[ 11 ] 



The Story of the 

and that no person whatsoever should travel out of the 
Colony, either by land or by sea, without leave from 
the governor, deputy governor, or some other assist- 
ant ; ordered a servant to be whipped for running away 
from his master ; ordered Philip RatlifFe to be whipped 
and have his ears cut off for scandalous speeches against 
the Church ; and rendered a judgment between two 
parties upon an agreement. In September, 1631, they 
ordered that "sawers shall not take aboue 12*^ a scoore 
for boards, if they have their wood felled and squared 
for them, and not aboue 7^ the hundred, after 5 scoore 
to the hundred, if they fell & square their wood them- 
selues." In October, 1631, they ordered that adultery 
should be punished with death ; that corn should pass 
for payment of all debts at the usual rate it was sold 
for, unless money or beaver skins were expressly named; 
and levied a tax upon the different towns forthe"make- 
ing of a pallysadoe aboute the newe towne." 

In October, 1632, they ordered that, "Noe pson 
shall take any tobacco publiquely, vnder paine of 
punishm* ; also that euy one shall pay j'^ for euery time 
hee is convicted for takeing tobacco in any place, &; 
that any Assistant shall haue power to receave evi- 
dence & giue order for the levyeing of it, as also to 
giue order for the levyeing of the officers charge." 

They then ordered that a house of correction and 
a house for the beadle should be built at Boston ; that 
James Woodward should be whipped for running away 
from his master, and that the town of Saugus should 
have liberty to build a "ware upon Saugus Ryver." 
They also provided regulations for the training of 

[12] 



Old Boston Town House 

troops, and fines for being absent from training; fixed 
boundaries between towns; assessed a colony tax; 
granted "Noddles Ileland to M-^ Sam" Mauacke" upon 
the annual rent of "either a fatt weather, a fatt hogg, 
or xl" in money ;" and gave leave to Boston and Charles- 
town to fetch wood from the southern part of the is- 
land. 

At a meeting, April 1, 1633, they repealed the regu- 
lation of the price of corn to six shillings the bushel; 
granted fifty acres of land to William Blackstone near 
his house, which was on the west slope of Beacon Hill; 
fined a woman twenty shillings for breach of promise 
of marriage; punished John Sayles for steaUng corn 
and fish, and bound him out as a servant for three years, 
at £4 the year, to Mr. Coxeshall, and also bound his 
daughter out to Mr. Coxeshall for fourteen years, he 
to have "a sowe with her, & att the end of her time 
hee is to giue vnto her a cowe calfe." They then for- 
bade the sale of intoxicating liquors without leave from 
the governor or deputy governor; provided for the 
keeping up of fences against cultivated lands ; for the 
inventory and settlement of the estates of deceased 
persons, and for the validity of transfers of bills of ex- 
change. 

In October, 1633, they again provided that "master 
carpenters, tylars, bricke-layers, mowers," and other 
artificers should not take above two shillings a day, and 
not above fourteen pence a day if they had"dyett found 
them," and also that all other inferior workmen of said 
occupations should have such wages as the constable of 
the place and two other inhabitants chosen by him 

[13] 



The Story of the 

should appoint. They also ordered that the best sort of 
labourers should not "take above IS'^ a day if they dyett 
themselves," and not above eightpence a day if they 
"had dyett found them," and that "master taylours 
should not take above 12^^ a day, and other taylours not 
above 8*^ a day, if they be dyeted." And they finally 
ordered that "all workemen shall worke the whole day, 
alloweing convenient tyme for foode & rest ; " and or- 
dered that no person should spend his time idly or un- 
profitably under pain of such punishment as the Court 
should think meet to inflict. But in November, 1633, 
they made an order reciting that whereas the wages 
of workmen had been reduced to a certainty, there- 
fore lest workmen should be wronged by the excessive 
prices of commodities necessary for their life and com- 
fort, no person should sell any provision, clothing, tools 
or other commodities above the rate of fourpence to 
the shilling more than the same cost or might be bought 
for ready money in England except cheese, wine, oil, 
vinegar and strong waters, which might be sold "at 
such rates (provided the same be moderate)" as the 
buyer and seller could agree. They also provided that 
"for lynnen & other comodities, w'^^^ in regard of their 
close stowage & small hazard, may be afforded att a 
cheap rate, wee doe advise all men to be a rule to them- 
selues, in keepeing a good conscience, assureing them 
that, if any man shall exceede the bounds of moder- 
acon, wee shall punish them seuerely." 

Finding that lectures, which were ordinarily held in 
the forenoon, were "prejudicial to the common good in 
the loss of a whole day &c.," they ordered that there- 

[14] 



Old Boston Town House 

after no lecture should begin before one o'clock in the 
afternoon. 

On April 1, 1634, the Court ordered that any land not 
improved in three years should be free to be disposed 
of by the Colony ; that John Lee should be whipped 
and fined for calling Mr, Ludlowe, one of the assist- 
ants, a "false-hearted knave &c.;" provided that every 
person above the age of twenty years who resided in 
the Colony for six months and was not enfranchised, 
that is, made a freeman, should take the oath of an 
inhabitant in a form prescribed, or be banished; and 
also provided for the survey of houses, corn-fields, and 
improved lands, to be entered in a book, the same to 
be an assurance of the title thereto. 

At a General Court, May 14, 1634, it was "agreed 
and ordered" that none but the General Court hath 
power to choose and admit freemen, make and estab- 
lish laws, elect, appoint, and remove officers, or "to 
rayse monies & taxes, and to dispose of lands." At this 
meeting they instituted representative government by 
providing that the freemen of each town might "de- 
pute" persons "to deale in their behalfe, in y^ publique 
afFayres of the comonwealth, who shall haue the full 
power &voyces of all the said ffreemen,deryved to them 
for the makeing & establishing of lawes, graunting of 
lands, e^. & to deale in all other affaires of the comon- 
wealth wherein the fFreemen haue to doe, the matter 
of eleccon of magistrates & other officers onely ex- 
cepted, wherein euy freeman is to gyve his own voyce." 

They also granted leave to the inhabitants of Newe 
Towne (now Cambridge) to seek out some convenient 

[ 15] 



The Story of the 

place for them to remove their habitations, &c. ; took the 
recognizance of a witness in a criminal case in the sum 
of £200, and fixed a basis of rates and public charges, 
requiring the towns to "haue respect to levy euy man 
according to his estate, & with consideracon of all other 
his abilityes, whatsoeuer, & not according to the num- 
ber of his psons," thus making the basis of taxation the 
ability to pay. 

At a Court held September 3, 1634, they provided 
for the fortification of Castle Island, for the arming 
and training of troops, regulated the charges of keep- 
ers of inns, provided that keepers of inns and ordina- 
ries should not suffer tobacco to be taken in their 
houses, and that no person should take tobacco, pub- 
licly or privately, in his own house or in the house 
of another before strangers, and that two or more 
should not take it together anywhere. They then 
passed the following order as to clothing: 

The Court, takeing into consideracon the greate, supfluous, & 
vnnecessary expences occaconed by reason of some newe & inio- 
dest fashions, as also the ordinary weareing of silver, golde, & 
silke laces, girdles, hatbands, ec, hath therefore ordered that noe 
pson, either man or woman, shall hereafter make or buy any ap- 
pell, either wollen, silke, or lynnen, with any lace on it, siluer, 
golde, silke, or threed, vnder the penalty of forfecture of such 
cloathes, ec. / 

Also, that noe pson, either man or woman, shall make or buy 
any slashed cloathes, other then one slashe in each sleeue, and 
another in the backe; also, all cuttworks, imbroidered or needle 
worke capps, bands, & rayles, are forbidden hereafter to be made 
& worne, vnder the aforesaid penalty; also, all golde or silver 
girdles, hattbands, belts, ruffs, beav'^ hatts, are prohibited to be 
bought & worne hereafter, vnder the aforesaid penalty, ec,/... 

[16 ] 



Old Boston Town House 

provided & it is the meaneing of the Court that men & women 
shall haue liberty to weare out such appell as they are nowe pro- 
veded of, (except the imoderate greate sleeues, slashed appell, iiTio- 
derate greate rayles, longe wings, &c;) this order to take place 
a fortnight after the publishing thereof,/ 

After this they appointed a day of public humilia- 
tion; levied a colony tax upon the different towns; 
provided for an entry fee in actions brought in the 
Court of Assistants ; and received the account of John 
Winthrop, Governor, of his receipts and disburse- 
ments for public affairs. 

At the General Court in March, 1635, they ordered 
that no person should buy or sell tobacco "after the 
last of September next" under a penalty of ten shil- 
lings a pound, and that in the meantime no person 
should buy or sell tobacco at a higher price than it 
should be valued at by the governor for the time be- 
ing, and two others whom he might choose, under the 
same penalty. They ordered a beacon set on the sen- 
try hill in Boston to give notice of any danger, to be 
in the ward of one person , to be kept there until the 
last of September, the beacon to be fired upon the dis- 
covery of any danger, and the alarm given; and also 
ordered that farthings should not pass for current pay, 
but that "musket bullets of a full boare" should pass 
currently for a farthing, but that no man be compelled 
to take above twelvepence at a time in this pay. 

At this Court they appointed a committee of mili- 
tary affairs, giving them, practically, power to declare 
and enforce martial law, their power to continue un- 
til the end of the next General Court, and provided 

[ n ] 



The Story of the 

that the rent of Governor's Island, which had been 
granted to John Winthrop at a rental of one-fifth part 
of the fruit that should grow there, should be (at the 
request of John Winthrop, Esq.,) "a hogshead of the 
best wyne that shall grow there, to be paide yearely, 
after the death of the said John Winthrop, and noe- 
thing before." The same Court, upon complaint that 
divers persons did usually absent themselves from 
church meetings upon the Lord's Day, gave power to 
any two of the assistants to hear and censure, either 
by fine or imprisonment,at their discretion, all misde- 
meanours of that kind, provided the fine should not ex- 
ceed five shillings for one offence ; ordered that no per- 
son should keep a common victualling-house without 
licence; that merchantable beaver should pass at ten 
shillings the pound, and that rates might be paid in 
merchantable corn at five shillings a bushel. 

They also authorized the Court of Assistants to lay 
out and alter highways ; provided for the construction 
of a bridge over Muddy River; prohibited the purchase 
of the commodities of any ship without licence from 
the governor under penalty of confiscation; and or- 
dered that the "charges of dyett for the Governor, 
Deputy Governor, Assistants and Deputies, during 
the time of every court," as well as " the dyett of Com- 
missioners for martial discipline," should be paid out 
of the treasury; and further ordered that "Att euy 
Genall Court there shalbe sixe men appoyncted by 
the GoOn'" for the tyme being, out of the towne where 
hee lyves, to attend, with halberds & swords, vpon the 
pson of the Goun% & the rest of the members of the 

[18] 



Old Boston Town House 

Court, dureing the space of the first day of euy Genall 
Court, & that there shalbe two men appoyncted by the 
Goun'^ to attend, in like mann% att euy pticular Court, 
att the pubHque charge." And having ordered two 
grand juries to be summoned, one in March and the 
other in September, and "intreated the elders and bre- 
thren of the churches to consult and advise of one vni- 
forme order of dissipline in the churches, agreeable to 
the Scriptures," the Court adjourned. 

At the Court in May, 1635, the power of the com- 
missioners of military affairs was extended; provision 
was made for the preparation of a draft of laws ; per- 
mission was given to several persons to transport lim- 
ited amounts of corn out of the jurisdiction ; and it was 
ordered that no pigs should be kept for a longer time 
than a month between the last of July and the first of 
January ; that no corn should be given to any swine be- 
tween the last of July and the first of January, except 
corn brought from other parts, and refuse corn of the 
country ; and that every town should provide standards 
of weight and measure, and a "meat yard," all to be 
made by the standard at Boston and sealed by the 
marshal. In August, the Court of Assistants entertained 
and decided certain complaints against persons for tak- 
ing excessive wages, JNIr. Cogan witnessing upon oath 
that James Hawkins took two shillings sixpence a day 
from him for fourteen days. They also made an order 
for the arbitration of a dispute about two heifers, giv- 
ing the arbitrators power to examine witnesses upon 
oath; and allowed the will of John Russell. 

At a General Court in September, 1635, it was or- 

[ 19 ] 



The Story of the 

dered that no dwelling should thereafter be built above 
half a mile from the meeting-house in any new planta- 
tion; that it should be lawful for magistrates — or con- 
stables and two of the chief inhabitants, where there 
was no magistrate — to press men and boats at the pub- 
lic charge, to pursue and bring back any servants who 
should run from their masters; and provided that swine 
impounded should be cried at the next two lectures, 
and if they were not owned within three days, should be 
sold. At the same Court they provided that the grand 
jury should "have their charges of dyett allowed them 
out of the treasury," and the petty jury should have 
three shillings allowed them for every trial they passed 
upon, "to be payde by him that recouers the suyte;" 
passed further laws regulating the wages of workmen 
and the prices of commodities ; banished Roger Wil- 
liams on account of his "newe & dangerous opinions;" 
and ordered that none but freemen should have any vote 
in any town in "any matter of authority or necessity." 

On October 6, 1635, the Court of Assistants fined 
a man for contempt of court; ordered separate main- 
tenance of a married woman, with an allowance of 
twenty pounds to be paid to her quarterly by her hus- 
band, "as also a bedd with furniture to it;" and fined 
a man for selling knives and a scythe at a profit of 
above fourpence in a shilling. 

They regulated the charges of millers for grinding 
corn; provided that no church should be gathered in 
the Colony without the approval of the General Court 
and that it would not approve thereof without the ma- 
gistrates and elders of the greater part of the churches 

[20 ] 



Old Boston Town House 

also approved it; and to make this order effective 
they provided that no member of any church which 
should thereafter be estabhshed without such appro- 
bation should be admitted to be a freeman. 

They then established quarterly courts to be kept 
by the magistrates at Ipswich, Saleme, Newe Towne 
and Boston, which courts should try all civil cases where 
the debt or damage should not exceed ten pounds, and 
all criminal cases "not concerning life, member, or ban- 
ishment;" and provided for an appeal from any of these 
courts to the next General Court, but said that all 
such as should bring "any appeale without iust cause 
should be exemplaryly punished." Then they provided 
for "foure greate Quarter Courts" yearly at Boston 
by the governor and the rest of the magistrates, to be 
held "the fii'st, the first Tuesday in the 4th moneth, 
called June; the second, the first Tuesday in Sep- 
temb*^; the third, the first Tuesday in Decemb*"; the 
fourthe, the first Tuesday in the 1*^ monethe, called 
Marche." They also provided that all actions should 
be tried in the jurisdiction where the defendant lived; 
and provided that there should be thereafter only two 
General Courts, one in May for elections and other af- 
fairs, the other in October for making laws and other 
"public occasions of the Commonwealth;" and that no 
law, order or sentence of the General Court should be 
valid without the consent of the majority of the magis- 
trates on the one part, and of the majority of the de- 
puties on the other part, thus, for the first time, mak- 
ing the representatives of the people a check upon the 
power of the magistrates. 

[21 ] 



The Story of the 

At the same Court they authorized "the ffreemen 
of euy towne, or the major pte of them, to dispose of 
their owne lands, & woods, & make such orders as may 
concerne the well ordering of their owne townes, not 
repugnant to the lawes & orders here established by the 
Genall Court," and also to choose their own officers, as 
constables, surveyors, &c. 

In September, 1636, it was ordered that towns that 
had above ten freemen resident therein and under 
twenty might send one deputy to the General Court; 
those having between twenty and forty freemen, two ; 
and those that had above forty, three ; and that no town 
that had not ten freemen resident in it should send 
any deputy to the General Court. At the same session 
they passed an order forbidding the use of lace except 
binding or small edging laces, under penalty to the per- 
son wearing it and to the tailor setting it upon any gar- 
ment ; authorized the freemen of the tow^ns to fix prices 
and rates of wages for workmen, labourers and ser- 
vants; and provided for raising four hundred pounds 
"towards a schole or coUedge." 

At the General Court in December, 1636, they es- 
tablished a tariff duty on imported articles by an or- 
der that after three months every person who should 
buy or receive any fruit, spice, sugar, wine, strong 
water or tobacco, brought from beyond the seas with 
intent to retail the same commodities, should pay a 
duty of one- third part of the value or price thereof, 
and provided for an officer to survey all vessels, and 
make search in all warehouses, for the discovery of 
such articles and for the forfeiture thereof if the duty 

[ 22 ] 



Old Boston Town House 

was not paid. This order had the following peculiar 
proviso: "Provided, that this order shall not extend 
to such wine as the deacons of the churches shall buy 
or pcure, bona fide, for the churches publike vse." 

In iSIarch, 1637, they provided that no persons 
should be appointed captains in the train bands, or be 
chosen to any office, but such as were freemen, that 
is, church members, and authorized the freemen of the 
different towns to send their votes for the election of 
colony officers to the General Court by proxy instead 
of coming to the court to vote in person, as up to that 
time they had been required to do. September 19, 1637, 
at a Quarter Court held by the governor, deputy gov- 
ernor and assistants a grand jury was summoned and 
a man indicted for murder, who being tried by a jury 
of twelve, called in the record "the jury of life and 
death," was found guilty. 

At a General Court in November, 1637, William 
Aspinwall, John AVheelwright and many others were 
convicted of having signed a remonstrance or petition 
with regard to the ministry, called in the record "the 
seditious libell called a remonstrance or petition," and 
were disfranchised and banished ; a tax of a thousand 
pounds was levied for the payment of the Colony's 
debts ; a portion of the inhabitants of Watertown were 
authorized to remove and settle a plantation on the Con- 
cord River; and an order was made for disarming per- 
sons who shared the opinions of Mr. AVheeh\Tight and 
Mrs. Hutchinson. Under this order fifty-eight persons, 
many of them very prominent freemen of the Colony, 
were disarmed. The Court then prohibited the selhng of 

[ 23 ] 



The Story of the 

any beer or other drink for more than one penny the 
quart at the most; ordered that no brewer should sell 
any beer or other drink stronger than could be afforded 
at the rate of eight shillings the barrel; provided that 
innkeepers should sell unto their guests such victuals 
as they should call for, and not force them to take 
more or other than they desired, be it "never so mean 
or small in quantity;" and also provided that it should 
be lawful for any innkeeper to have in his house "some 
small quantity of strong water for his own private and 
necessary use." They then fixed a fine of one hundred 
pounds for brewing without licence by the Court ; or- 
dered that no persons should sell any cakes or buns 
except such as might be made for any burial or mar- 
riage, or such like special occasion, upon penalty of 
ten shillings fine ; and fixed the entry fee of actions at 
eighteen-pence and the making of executions at two 
shillings, and provided that there should be in every 
town "a coppey of the lawes ;" authorized the town of 
Newbury, by a vote of the freemen, to raise sixty 
pounds for maintenance of the ministry by a tax upon 
every inhabitant in the town; fixed the marshal's fees 
for levying of executions ; and ordered a bounty of ten 
shillings apiece for killing wolves and two shillings 
apiece for kilhng foxes. In 1637 a Quarter Court gave 
damages to a defendant against a plaintiff, who had 
summoned him to court and had not attended to pro- 
secute. This was done in two cases. 

In March, 1638, the General Court for the first 
time provided for a committee to hear and determine 
petitions and other private business ; provided for a re- 

[ 24 ] 



Old Boston Town House 

trial of measures and weights in each town ; banished 
John Green for writing a letter charging the Court 
with usurping the power of Christ over the churches 
and men's consciences; banished Jane Hawkins for 
presuming to meddle with surgery and medicine, and 
forbade her to question matters of religion except "with 
the elders for satisfaction." At the next General Court 
they ordered that Newe Towne should afterwards be 
called Cambridge, and that every town should bear the 
charges of their own magistrates and deputies to the 
General Court, requiring of them to allow three shil- 
lings sixpence a day for a magistrate, and for a deputy 
two shiUings sixpence a day, "for their dyot & lodg- 
ing." 

In September, 1638, the General Court provided for 
the distraint upon and sale of lands and goods of per- 
sons who had not paid their taxes ; established a court 
for the trial of small causes under twenty shillings; 
passed an order reciting that many of those who were 
not freemen, or members of any church, declined to 
contribute to town charges, and declared that every 
inhabitant in every town was liable to contribute to all 
charges both in Church and Commonwealth propor- 
tionately to his ability, whether a freeman or not. They 
also passed another order against the taking of tobacco; 
and provided that no man should kindle a fire by gun- 
powder for taking tobacco, except in his journey. Ap- 
parently these provisions against the use of tobacco were 
partially, at least, on account of the danger of fire. They 
then provided that all persons who had been excom- 
municated from any of the churches for the space of 

[ 25 ] 



The Story of the 

six months without labouring to be restored should be 
punished by fine, imprisonment or banishment. 

In March, 1639, the General Court ordered that 
the college to be built at Cambridge should be called 
Harvard College; and ordered the payment to Lieu- 
tenant Davenport for charges disbursed for slaves kept 
by him, which he was to pay back when the slaves had 
earned it. The slaves referred to in this order were per- 
sons whom the courts had sentenced to be committed 
as slaves in punishment for offences. Cases of this kind 
will be found stated in the Appendix. At a Quarter 
Court held in June, 1639, one Sylvester, "for speaking 
against the law about hogs, & against a perticuler ma- 
gistrate, was fined ten pounds;" Samuel Norman was 
sentenced to be whipped for speaking disrespectfully of 
the ministers; Boston was fined twenty shillings for de- 
fective highways; Roxbury was fined ten shillings for 
damming up a way from Boston to Dorchester; two 
millers were each fined three pounds for taking too 
much toll ; several persons were fined for releasing ser- 
vants before the expiration of their time; Hingham 
was authorized to use their meeting-house for a watch- 
house; and Watertown was fined ten shillings for not 
having a pair of stocks. 

At a Quarter Court in September, 1639, Daniel 
Clark, being found by a jury to be an immoderate 
drinker, was fined two pounds, whereof three shillings 
were paid to the jury, and the following order was 
passed against drinking healths: 

It is therefore ordered, that (after the publication of this or- 
der) no person of this iurisdiction, nor any other person who shall 

[26 ] 



Old Boston Town House 

hereafter come into this iurisdiction, (after one weekes residence 
heare,) shall, directly or indirectly, by any colo*" or circumstance, 
drinke to any other, contrary to the intent of this order, vpon 
paine of xij ^, to bee forfaited for every offence, to bee levyed by 
the constable, by order from any magistrate, or such as are ap- 
pointed in townes to determine small causes, vpon conviction by 
confession of the party, or other sufficient testimony vpon oath, 
to bee to the vse of the towne, where the offence shall bee coih- 
itted, & of the party complaining, by equall pportion. / 

The following order was passed with regard to wear- 
ing-apparel : 

Whereas there is much complaint of the excessive wearing of 
lace, & other superfluities tending to little vse or benefit, but to 
the nourishing of pride & exhausting of mens estates, & also of 
evill example to others, it is therefore ordered by this Court, & 
decreed, that henceforward no person whatsoever shall Psume to 
buy or sell, w*'^in this iurisdiction, any manner of lace, to bee 
worne or vsed w^'^in o"" limits./ 

And that no taylo*", or any other person whatsoever, shall here- 
after set any lace or points vpon any garments, either linnen, 
woUen, or any other wearing cloathes whatsoever, & that no pson 
hearafter shalbee imployed in making of any manner of lace, but 
such as they shall sell to such persons as shall & will transport 
the same out of this iurisdiction, who, in such case, shall have 
liberty to buy the same : And that hearafter no garment shalbee 
made w^^ short sleeves, whereby the nakedness of the arme may 
bee discovered in the wearing thereof; Sc such as have garments 
already made w**^ short sleeves shall not hearafter were the same, 
vnless they cover their armes to the wrist w**^ linnen, or other- 
wise: and that hearafter no person whatsoever shall make any 
garment for weomen, or any of ther sex, w*^ sleeves more then 
halfe an elle wide in the widest place thereof, & so proportionable 
for biger or smaller persons./ 

The following order was passed with regard to 
marriage : 

For pventing of all vnlawfull marriages, e*=. it is ordered, 

[27 ] 



The Story of the 

that, after dewe publication of this order, noe psons shalbee 
ioyned in marriage before the intention of the pties pceding 
therein hath bene 3 times published at some time of publike lec- 
ture or towne meeting, in both the townes where the pties, or 
either of them, do ordinarily reside ; & in such townes where no 
lectures are, then the same intention to bee set vp in writing, 
vpon some poast standing in publike viewe, & vsed for such 
papers^ onely, & there to stand, so as it may easily bee read, by 
the space of 14 dayes. 

And all townes w'^'^ have no weekly lecture shall fourthw*'^ ap- 
point or set vp a post in some publike place, to bee vsed for that 
purpose onely, vpon paine of xsh^ the month for default thereof./ 

At this Court the following important order with 
regard to keeping records was passed : 

Whereas many iudgments have bene given in o'' Courts whereof 
no records are kept of the evidence & reasons wherevpon the ver- 
dit & iudgment did passe, the records whereof being duely entered 
& kept would bee of good vse for president to posterity & a re- 
leife to such as shall have iust cause to have their causes reheard 
& reveiwed, it is therefore by this Court ordered & decreed that 
henceforward every iudgment, w*^^ all the evidence, bee recorded 
in a booke, to bee kept to posterity./ 

Item : That there bee records kept of all wills, administrations, 
& inventories, as also of the dayes of every marriage, birth, & 
death of every pson w*^in this iurisdiction./ 

It : To record all mens houses & lands, being certified vnder the 
hands of the men of every towne, deputed for the ordering of 
their affaires./ 

The business of the Court of Assistants having much 
increased, it was ordered that the assistants residing in 
or near to Boston, or any five, four or three of them, 
the governor or deputy governor to be one, might 
meet on the fifth day of the eighth, eleventh, second 
and fifth months, and determine civil causes not ex- 
ceeding twenty pounds in amount, and criminal cases 

[ 28 ] 



Old Boston Town House 

not extendingto life, member or banishment, and might 
summon juries for that purpose out of the neighbour- 
ing towns. It was also ordered that no magistrate or 
deputy should depart fi'om the General Court without 
the consent of the Court, under a penalty of one hun- 
dred pounds ; John Stone and his wife were admon- 
ished "to make bigger bread;" persons who were not 
innkeepers were authorized to entertain strangers upon 
occasion of great assemblies and arrival of ships with 
passengers ; each town was authorized to license some 
person to sell wine; and innkeepers were required to 
provide stables and hay for horses, and enclosures for 
pasturing where there was need ; but it was declared 
that if any should take excessive prices "they shalbee 
deepely fined for the same." 

They then passed a general order for laying out of 
highways and compensating any person whose pro- 
perty was damaged thereby; prohibited the kindling 
of fires by any person in other persons' grounds upon 
penalty of fine or whipping; and appointed the house 
of Richard Fairbanks in Boston as a place to which 
letters brought from beyond the seas, or to be sent 
beyond the seas, were to be brought, he to take care 
that they be delivered or sent according to their di- 
rections, and be allowed one pence for each letter, but 
they provided that no man should be compelled to 
bring his letters thither except he please. This was the 
first post-ofiice in the Colony. 

At a Quarter Court in 1639 the assistants made 
decrees of nullity of marriage and of divorce, fined the 
offending party a hundred pounds and to be set in the 

[ 29] 



The Story of the 

stocks for an hour on a market day after the lecture, 
saying, "the next lecture day if the weather pmit, or 
else the next lecture day after." In INIay, 1640, the Gen- 
eral Court repealed the order as to the time of begin- 
ning the lectures, and left the same to the discretion 
of the churches. Then they passed an order reciting 
the absolute necessity "for the raising of the manifac- 
ture of linnen cloth, &c.," and required the magistrates 
and deputies of the several towns to make inquiry 
"what men & weomen are skilfull in the braking, spill- 
ing, weaving, what meanes for the pviding of wheeles, 
& to consider w*'^ those skilfull in that manifacture what 
course may bee taken to raise the materials & pduce the 
manifacture, & what course may bee taken for teaching 
the boyes & girles in all townes the spiiiing of the 
yarne," and then added that "the like consideration 
would bee had for the spiiiing & weaveing of cotton 
woole." 

At the next session it was ordered, for the encour- 
agement of the manufacture of linen, woollen and cot- 
ton cloth, that whosoever should make any sort of the 
said clothes fit for use, and show them to the next 
magistrate or to two of the deputies, upon certificate 
thereof to the Court, should have an allowance of three- 
pence in the shilling of the worth of the cloth. It was 
also recited that there was "a great stop in trade and 
commerce" for want of money, and therefore it was pro- 
vided that no man should be compelled to satisfy any 
debt, &c., in money, but satisfaction should be accepted 
in corn, cattle, fish or other commodities at such rates 
as the courts should set down from time to time, or in 

[ 30 ] 



Old Boston Town House 

default thereof should be fixed by indifferent men to 
be appointed. But they carefully provided that this 
order should not extend to debts or other payment 
due or arising upon any contract or other original 
cause previously existing. 

They then fixed a bounty of forty shillings upon 
a wolf killed by hounds, and ten shillings upon a wolf 
killed with a trap, or shot ; and then they made an or- 
der which is quite significant, as showing that there was 
even then a tendency to overmuch talk in the legisla- 
ture, that "no man in the Generall Courts shall speake 
above three times to any cause without leave from the 
Govern o"^ or Court upon paine of 12*^ a time." Then 
they granted the ferry between Boston and Charles- 
town "to the colledge," and ordered that thereafter 
no mortgage or grant of any houses, lands, rents or 
other hereditaments should be enforced against any 
person except the grantor and his heirs, unless the same 
was recorded; appointed a recorder for Ipswich and 
for Salem, and for all other records the recorder at Bos- 
ton. But they provided that the whole bargain, sale, &c., 
need not be entered, but only the name of the grantor 
and grantee, the thing and the estate granted, and the 
date, and made the fee for every such record sixpence. 

In May, 1641, they established four Quarter Courts, 
to be kept each year by the magistrates of Ipswich and 
Salem, to have the same power both of civil and cri- 
minal cases that the Court of Assistants had at Bos- 
ton, except trials for life, limb or banishment, which 
were wholly left to the Boston Court; and provided 
for an appeal from any of these courts to the Boston 

[31 ] 



The Story of the 

Court, and also that actions of above a hundred pounds 
in amount might be tried at any of these courts, or at 
the Boston Court, as the plaintiff might elect. They 
also passed an order reciting the scarcity of money, 
the great abatement in prices of corn, cattle and other 
commodities, and declared that all servants, labourers 
and workmen should be content to abate their wages 
according to the fall of the commodities wherein their 
labours were bestowed, and that they should "be con- 
tent to partake now in the present scarcity, as well as 
they have had their advantage by the plenty of former 
times." They then passed an order granting a monopoly 
to such persons as should discover mines; desired the 
elders to make a catechism for the instruction of the 
youth in the grounds of religion ; again banished Jane 
Hawkins ; granted a monopoly of making salt to one 
Winslow; and further regulated the election of ma- 
gistrates by the freemen. 

In June, 1641, the General Court, reciting the want 
of clothing which was likely to exist in the Colony 
during the next winter, ordered that notice be given 
of a certain kind of wild hemp which it was thought 
might be gathered for the making of cloth, and par- 
ticularly ordered that all children and servants should 
be industriously employed "so as the mornings & 
evenings & other seasons may not bee lost, as formerly 
they have bene; (& if it bee so continued will certeinly 
bring us to pov'^ty;) but that the honest & pfitable 
custome of England may bee practised amongst us, so 
as all hands may bee implied for the working out of 
hemp & fflaxe, & other needfull things for cloathing, 

[ 32 ] 



Old Boston Town House 

w^'^out abridging any such servants of their dewe 
times for foode & rest, or other needful refreshings." 
They then granted a monopoly to certain persons 
named for the trade with the Indians in furs ; and re- 
pealed the order against selling strong water to the In- 
dians so far as these persons were concerned, the mo- 
nopoly to continue for three years. In December, 1641, 
they provided for an armory "in some part of Boston 
meeting house," and an inventory of the arms; estab- 
lished the form of the recorder's oath; condemned 
William Hatchet to be hanged ; provided for nineteen 
copies of the laws, liberties and forms of oaths to be 
authenticated by three of the deputies, and ten shil- 
lings apiece to be paid for each copy by the constable 
of each town. 

In 1642 the General Court provided that a plain- 
tiff who should not prevail in his action should bear 
all the charges of the Court occasioned thereby, and 
that he might further be fined if the merit of the cause 
should so require, and also provided that if the de- 
fendant was in fault he should pay the charges. After 
this they appear to have required security for costs by 
parties bringing actions. The selectmen of towns were 
given power to lay out ways in their own towns upon 
due recompense to be given to any person damaged 
thereby. The neglect of parents to cause their children 
to be taught to read and understand the principles of 
religion, &c., and to be industrious was again recited, 
and it was specially provided that children "who are 
sett to keep cattle be set to some other imploym* w^'^all, 
as spinning upon the rock, knitting, weaving tape, &c. 

[ 33 ] 



The Story of the 

& that boyes & girles be not suffered to converse to- 
gether." Then they provided that they would not pro- 
ceed to judgment in any cause, criminal or civil, with- 
out taking an oath to deal uprightly and justly therein, 
according to their judgment and conscience, which 
was the first requirement of an official oath in judicial 
proceedings in the Colony. 

They then provided for a record of births, marriages 
and deaths, including in their order a provision for 
finding out in the several towns who had been born and 
who had died since the first founding of their towns, 
and the recording thereof At this General Court it was 
provided that all causes between parties should first be 
tried in some inferior court, and if the defeated party 
should have any new evidence or new matter he might 
have a new trial in the same court upon an appeal or 
review, and if justice was not done him upon that trial 
he might then come to the General Court for relief 
At this same Court they provided that a jury might 
find the matter of fact in all trials between parties, and 
that "the judges are to declare the sentence of the 
lawe upon it, or they may direct the iury to find ac- 
cording to the lawe;" and also provided that if there 
were any matter of apparent equity, as upon the for- 
feiture of an obligation, &c., without damage, the judges 
should determine such matter of equity. This is appar- 
ently the first exercise of equity jurisdiction in the 
Colony. 

They then took special action with regard to pro- 
tection against the attacks of Indians, making provision 
for alarms, calling out the men in the different towns, 

[ 34 ] 



Old Boston Town House 

and specifically providing that "every towne pvide a 
sufficient place for retreat for their wives & children 
to repaire to, as likewise to keepe safe the amunition 
thereof." 

At the same Court they established the government 
and direction of Harvard College ; appointed a com- 
mittee to treat with commissioners from the other col- 
onies about a union to avoid danger from the Indians, 
&c., but carefully provided that they should not enter 
into any off'ensive war without order of the Court ; and 
passed an order preventing the sale of "insufficient" 
leather. They also made an order appointing arms to be 
brought to the meeting-houses on the Lord's Days and 
at other times of meeting providing that ammunition 
be safely disposed of, so "that an enemy may not pos- 
sess himself of it;" and passed another order reciting 
that, for "the preventing of occasions of partial and 
undue proceedings in Courts of justice, and avoiding 
of jealousies" in civil causes when there should be so 
near relation between any judge and any of the parties 
as between father and son, brother and brother, uncle 
and nephew (landlord and tenant, in matters of consid- 
erable value), the judge, though he might have liberty 
to be present in the court at the time of the trial and 
give reasonable advice in the case, yet should have no 
power to vote or give sentence therein, neither should 
sit as a judge "but beneath the bench when hee shall 
so pleade or give advice in the case." 

In this year they declared Samuel Gorton, upon 
consideration of his writings, &c., "to bee a blasphemos 
enemy of the true religion of o"^ Lord Jesus Christ & 

[35] 



The Story of the 

his holy ordinances, & also of all civill authority among 
the people of God, & perticulerly in this iurisdiction," 
and ordered that he be confined to Charlestown, "there 
to bee set on worke, & to weare such boults or irons 
as may hind"" his escape, & to continue dureing the 
pleasure of the Co'^t." 

In JNIarch, 1644, the sittings of the Deputies and of 
the Magistrates were separated by the following order : 

Forasmuch as, after long experience, wee find divers incon- 
veniences in the mann"" of o"" pceding in CoHs by ma*""^*® & depu- 
ties siting together, & accounting it wisdome to follow the laud- 
able practice of other states who have layd groundworks for gov- 
ernment & order in the issuing of busines of greatest & highest 
consequence, — 

It is therefore ordered, first, that the magistrates may sit & 
act busines by themselues, by drawing up bills & orders w'^'^ they 
shall see good in their wisdome, w^'' haveing agreed upon, they 
may psent them to the deputies to bee considered of, how good 
& wholesome such orders are for the country, & accordingly to 
give their assent or dissent, the deputies in like mann"" siting a 
pt by themselues, & consulting about such orders & lawes as they 
in their discretion & expience shall find meet for comon good, 
^ch agreed upon by them, they may psent to the magistrats, 
who, according to their wisdome, haveing seriously considered of 
them, may consent unto them or disalow them; & when any or- 
ders have passed the appbation/ of both ma*'"'^'^^ & deputies, then 
such orders to bee ingrossed, & in the last day of the Court to 
bee read deliberately, & full assent to bee given ; pvided, also, that 
all matfs of iudicature w'^*^ this Co''t shall take cognisance of 
shalbee issued in like manner. 

In 1644 Thomas Dudley was commissioned as ser- 
geant major-general, by a commission of great length, 
giving him extraordinary powers, but requiring him at 
all times to observe such orders, instruction, messages 

[36] 



Old Boston Town House 

and directions as should be directed to him "from the 
Gen'^all Co^'t in the time of its being, k at all other times 
from the councell of the comon wealth," — a commis- 
sion not well calculated for efficiency of military action. 

At the same session they required any foreigner who 
might bring suit against a settled inhabitant to give 
security for costs in advance ; and also provided for the 
attachment of goods and chattels or of lands, by notice 
given to the party, or left in writing at his place of 
usual abode, and further provided that if the defendant 
was out of the jurisdiction the cause might be tried, 
but judgment not entered before the next court, and 
that execution should not issue before the plaintiff gave 
security to be responsible to the defendant if he should 
reverse the judgment in one year, or such further time 
as the Court should limit. 

In this year the Anabaptist controversy arose, when 

the Court passed the following order: 

Forasmuch as experience hath plentifully & often pved y* 
since y^ first arising of y^ Anabaptists, about a hundred years 
since, they have bene y® incendiaries of comon wealths, & y® in- 
fectors of persons in maine matf^ of religion, & y^ troublers of 
churches in all places where they have bene, & y* they who have 
held y® baptizing of infants unlawful! have usually held oth"" error's 
or heresies togeth"" therewith, though they have (as oth'' here- 
ticks use to do) concealed y® same, till they spied out a fit ad- 
vantage & oportunity to vent y™, by way of question or scruple, 
& whereas divers of this kind have, since o"" come^ into New Eng- 
land, appeared amongst o'"selues, some whereof have (as oth""^ be- 
fore y™) denied y® ordinance of magistracy, & y^ lawfulness of 
making warr, & oth''^ y^ lawfulnes of ma*''**^ and their inspection 
into any breach of y^ first table, w*^^ opinions, if they should be 
connived at by us, are like to be increased amongst us, & so must 

[37 ] 



The Story of the 

necessarily bring guilt upon us, infection & trouble to y^ churches, 
& hazard to y® whole comon wealth, — 

It is ordered & agreed, y* if any ^son or psons w^'^in y*^ iuris- 
diction shall eith"" openly condemne or oppose y*^ baptiz^ of in- 
fants, or go about secretly to seduce oth*"^ fro™ y*^ ap^bation or 
use thereof, or shall purposely depart y*^ congregation at y*^ ad- 
ministration of y*^ ordinance, or shall deny y*^ ordinance of magis- 
tracy, or their lawfuU right or authority to make warr, or to 
punish y^ outward breaches of y® first table, &: shall appear to y® 
Co'"t wilfully &: obstinately to continue therein after due time & 
meanes of conviction, every such ^son or psons shalbe sentenced 
to banishm*. 

At the same session they appointed a notary pub- 
lic ; and commended to the several towns the giving by 
every family of one peck of corn or twelvepence in 
money, or other commodity, for the college at Cam- 
bridge ; made a decree of nullity of marriage ; remitted 
the rent of the ferry from Boston to Winnetsemett, 
upon condition that the ferryman in lieu of rent should 
carry all the magistrates and deputies free, with their 
necessary attendants, and fixed the charge at the Wey- 
mouth ferry at twopence for every person's passage. 

In November, 1644, they propounded to the Rev- 
erend Elders certain questions, and received their an- 
swers at great length, as to the nature of the govern- 
ment under the patent, — whether the governor and 
assistants had power to dispense justice without some 
law or order of the General Court ; whether the gov- 
ernment was a pure aristocracy, or mixed with a demo- 
cracy, &c., — all of which answers were duly recorded, 
and such as were put to vote were approved to be just 
and true answers. 

At the General Court, in May, 1645, it was ordered 

[ 38 ] 



Old Boston Town House 

that all youth from ten to sixteen years of age should 
be instructed by some experienced soldier upon train- 
ing days in the exercise of arms and bows and arrows, 
provided no child should be taken to such exercise 
**against his parents' minds." 

An order was then passed against the keeping of 
inns without a licence, regulating the prices of wines, 
beer, &c., forbidding innkeepers to suffer any person 
"to be drunke or drinke excessively, or continue tip- 
ling above y'^ space of halfe an hour," and fining every 
person found drunk ten shillings; three shillings and 
fourpence for excessive drinking; for sitting idle and 
drinking above half an hour two shillings sixpence; 
and declaring it to be excessive drinking of wine when 
above half a pint of wine was allowed to one person, 
and that no labourer or workman whatsoever should 
be "inforced or psed to take wine in pay for his 
labo^" 

Then, turning to other matters, they provided for the 
placing of John Eales in some place where he might 
carry on his trade of beehive-making, the town to 
make up what was wanting to defray the expense of 
his livelihood; and passed an important order requir- 
ing that the charges for "the dyet of the Court" should 
be satisfied by the several towns according to their 
equal proportions. They then provided that assistants 
should have five hundred pounds estate allowed to each 
of them, rate free from town and country levies, for 
the space of three years, in consideration of the many 
public employments to which they were called. They 
also passed a further order as to the bounties upon 

[39] 



The Story of the 

wolves ; an order about a monopoly of iron works ; and 
the following act against lying : 

Whereas Trueth in Words, as xcell as in actions, is required of 
all men. Especially of Christians, xcho are the professed Servants 
of the God of Trueth; And whereas all Lying is contrary to truth, 
and some sort of lyes are not onely sinfidl {as all lyes are) but also 
pernicious to the Publick weal, and injw-ious to particidar persons ; 
It is therefore Ordered by this Court and Authority thereof, That 
every person of the age of discretion (which is accounted fourteen 
yeares) who shall wittingly and willingly make, or publish any 
lye, which may be pernicious to the publick weal, or tending to 
the damage or injury of any particular perso, or with intent to 
deceive and abuse the people, with false newes and reports, and 
the same duely prooved in any Court or before any one Magis- 
trate (who hath hereby power granted to hear and determine all 
Offences against this law) such person shall be fined for the first 
Oft'ence ten shillings, or if the party be unable to pay the same, 
then to be set in the stocks so long as the said Court or Magistrate 
shall appoint, in some open place not exceeding two houres. For 
the second Offence in that kind, whereof any shall be Legally 
convicted, the sum of twenty shillings or be whipped upon the 
naked body not exceeding ten stripes. And for the third Offence 
forty shillings, or if the party be unable to pay, then to be 
whipped with more stripes, not exceeding fifteen. And if yet any 
shall offend in like kind and be Legally convicted thereof, such 
person, male or female, shall be fined ten shillings a time more 
then formerly, or if the party so offending be unable to pay, then 
to be whipt with five or six more stripes then formerly, not ex- 
ceeding fourty at any time. The aforesaid fines shall be levyed or 
stripes inflicted either by the Marshall of that Jurisdiction, or 
Constable of the town, where the Offence is Committed according 
as the Court or Magistrate shall direct. And such fines so levyed 
shall be payd to the Treasury of the shire where the cause is tryed. 
And if any person shall find himselfe greived with the sentence 
of any such Magistrate out of Court, he may appeale to the next 
Court of the same Shire, giving sufficient security to prosecute 
his appeale, and abide the Order of the Court, and if the said 

[ 40 ] 



Old Boston Town House 

Court shall judg his appeal causless he shall be double fined, and 
pay the charges of the Court, during his action, or CoiTected by 
whipping as aforesayd, not exceeding ybr^f?/ stripes^ & pay the 
costs of the Court, and party complaining or informing and of 
the witnesses in the case. And for all such as beins; under ag-e of 
discretion that shall offend in Lying contrary to this Order, their 
parents or masters shall give them due Correction & that in the 
presence of some Officer if any Magistrate shall so appoint. Pro- 
vided allwaies, that no person shall be ban-ed of his just action 
of slaunder, or otherwise, by any proceeding upon this Order. 

They then passed an order for the encouragement of 
the raising of sheep for making woollen cloth; pro- 
vided further for the levying and collection of duties 
upon wines brought into the Colony ; appointed com- 
missioners for the United Colonies; appointed com- 
mittees of persons from each county to prepare a code 
of laws ; provided for the establishment of military com- 
panies in various towns, giving them authority to make 
orders for the managing of their military affairs, and 
the right to assemble themselves for military exercises ; 
levied a colony tax of £616.15, to be paid in cattle and 
commodities, the prices of which were fixed in the 
levy; and then "Upon weighty reasons moveing" they 
ordered that "Mrs. Chamberlin, widowe, sister to M"" 
Israeli Stoughton (lately a worthy member of y^ comon 
weale), shalbe alowed out of M"" Androws gift eith' a 
cowe or five pounds." Then being informed that there 
was no drum within the town of Salem, by reason of 
which the inhabitants had no way of giving warning 
upon the approach of an enemy, they ordered "y'^ y^ 
said towne of Salem shall pvide two good drums to be 
always ready upon occasion for y« towne & band, to be 

[41 ] 



The Story of the 

pcured w*^in three weekes, upon y^ poenalty of five 
pound." INIay, 1G45, they ordered a miHtary watch in all 
towns, and provided the form of the charge which was 
to be given to them when the watch was set; and re- 
pealed the order against drinking healths one to another. 

They prohibited the settlement or entertainment in 
any town of all persons who were not admitted by vote 
of the inhabitants. At one time no person could pass 
out of Boston after sunset on Saturday night except 
upon giving "such good account of the necessity of his 
business" as might be "to the satisfaction" of the per- 
sons who kept the ward or watch ; and no cart could pass 
out upon "any pretence whatever." They prohibited or- 
dinary amusements, decorative dress and ornaments of 
the person, the wearing of long hair or of wigs by men, 
and the curling of their own hair by women. They pun- 
ished swearing and lying with the lash, and blasphemy 
and adultery with death. They persecuted the mem- 
bers of the Church of England, made the observance of 
Christmas a crime, whipped and banished Quakers, and 
punished heresy with death. They fixed the prices of 
commodities and the wages of labour, and regulated 
the expense of living and the character of clothing, by 
arbitrary edicts. Their laws were enforced by fines, im- 
prisonment, whipping, mutilation of the person, brand- 
ing with hot irons, banishment and death. 

As we read the records of their courts we are 
amazed at the character of the crimes committed and 
of the punishments inflicted. In their penalties they 
did not respect sex or age. Women were put in the 
stocks, compelled to stand in the pillory with cleft 

[42 ] 



Old Boston Town House 

sticks on their tongues, whipped, banished and hanged, 
and even girls were pubUcly whipped. Their general law 
provided that whenever a person was committed to the 
house of correction he should be at once whipped and 
then kept on low diet and at hard labour. A partial 
transcript of sentences of this character made from the 
imperfect court records now remaining will be found as 
an appendix. Amongthemthe following are illustrative: 

Dan : Fairefeild was sentenced to be severely whipped 
at Boston on a lecture day, "have one of his nostrills 
slit so high as well may be, & then to bee seared, & kept 
in prison, till hee bee fit to bee sent to Salem, & then 
to bee whiped againe, & have the other nostrill slit 
& seared." Also "to weare an hempen roape about his 
neck, the end of it hanging out two foote at least," and 
if found without it to be whipped. 

Philip Ratliffe, for uttering malicious and scandalous 
speeches against the government and the Church at 
Salem, was sentenced to be whipped, have his ears 
cut off, fined and banished; and Katherine Finch, "for 
speaking against the magistrates, churches and elders, 
was censured to be whipped and committed till the 
General Court." 

John Kempe, for immorality, was censured to be 
whipped at Boston, Roxbury and Salem and commit- 
ted for a slave; and James Luxford was sentenced, 
"for his forgery, lying & other foule offences," "to bee 
bound to the whiping poast, till the lecture from the 
first bell, & after the lecture to have his eares cut of; & 
so hee had liberty to depart out of o"^ iurisdiction." 

Rebeckah Rogers was sentenced to be "severely 

[43] 



The Story of the 

whipped with thirty stripes on a lecture day next after 
the lecture ; " and Maurice Brett, for contemptuous car- 
riage towards the Court, was sentenced to stand in the 
pillory with his ear nailed to the pillory, and after an 
hour's standing to have his ear cut off, and to pay 
twenty shillings for his swearing, or be whipped with 
ten stripes. 

Elisabeth Broune was sentenced to stand an hour 
upon the gallows, and to be tied to a cart's tail and be 
severely whipped, not exceeding thirty-nine stripes, to 
the prison, and on the next lecture day at Charlestown 
to be carried over and there alike severely whipped 
with thirty stripes. Darby Ryan was sentenced to be 
tied to a cart's tail, "stripped from the girdle upward 
and on his naked body to be whipped with thirty-nine 
stripes well laid on" presently after the lecture, in Bos- 
ton. Elinor May was sentenced to be tied to a cart's 
tail and *' whipped upon her naked body from the prison 
to the place of her abode, not exceeding thirty-nine 
stripes well and severely laid on;" a Frenchman, for 
the offence of clipping money, was sentenced to stand 
two hours upon the pillory and then have both ears 
cut off by the executioner; and Mary Knights was 
fastened to a cart's tail, and severely whipped on 
her naked back to the prison. Joseph Gatchell, for 
blasphemy, was sentenced *'to be placed in the pillory 
to have his head & hand put in & haue his toung drawne 
forth out of his mouth & peirct through w"^ a hott Iron 
& then to be returnd to the prison there to Remajne 
vntill he sattisfy & pay all y^ charges of his tryall & 
ffees of Court . . . The marshall Genril taking neces- 

[ 44 ] 



Old Boston Town House 

sary help w*^ him is to see y^ execution of y* sentenc 
pformed." 

Dunton, who was in Boston in 1686, wrote that 
" Their way of whipping Criminals is by Tying them 
to a Gun at the Town-House and when so Ty'd whip- 
ping them at the pleasure of the Magistrate and ac- 
cording to the Nature of the Offence." Dunton may 
have seen this done, but the records show that a whip- 
ping-post and stocks, or pillory, were early put up in 
the market-place, and after the Town House was built 
were maintained below and at the east end of it, and 
that persons were tied to this post to be whipped. 

The calmness with which even cultivated men then 
viewed the pubhc whipping of women appears from 
the record by Governor Winthrop of the punishment 
of Mrs. Ohver in 1638. She was a woman of good 
character, but differed violently with the magistrates 
as to religious matters, for which she was reproved, and 
finally sentenced to have her tongue put in a cleft 
stick, and then to be whipped. Winthrop calmly writes 
of this in his journal: "She stood without tying and 
bare her punishment with a mascuHne spirit." But he 
adds, "After, when she came to consider the reproach 
which would stick to her by this, she was much dejected. " 
And yet the colonists of Massachusetts Bay were no 
more bigoted or cruel than the people of the other 
colonies and of England at the time.* It was a fana- 
tical, cruel, bigoted period, when liberty of conscience 
and of person, though loudly professed, was rigidly 

* For a comparison of the laws of the colonies and the laws of England in 
these matters, see Blue Laws, True and False (Trumbull). 

[ 45 ] 



The Story of the 

suppressed, and individual action was subject to the 
most minute and arbitrary public control. 

In the "Body of Liberties" of 1641, punishment by 
whipping was restrained as follow^s : " No man shall be 
beaten with above 40 stripes, nor shall any true gen- 
tleman, nor any man equall to a gentleman be pun- 
ished with whipping, unles his crime be very shame- 
full, and his course of life vitious and profligate." But 
this 7^estraint of whipping to forty stripes was evaded 
by whipping the criminal at successive times and in 
different towns. Not less than twelve crimes were still 
punishable by death under this code, and all laws were 
declared by it to be based upon the laws of God. 

But while the colonists thus ruled their internal af- 
fairs, they steadily maintained their chartered privi- 
leges and their rights under the common law of Eng- 
land against all encroachments of the royal power; 
and though they may seem to us now to have been 
tyrannical and cruel, they were men of character and 
courage — they believed something and had that con- 
stancy born of conviction w^hich always ultimately pre- 
vails over mere intellectual power. 

Thus the early settlers lived and ordered their af- 
fairs. Their lives were plain and simple, and full of suf- 
fering and toil. They had no written constitution and no 
lawyers. The Bible was their constitution and the min- 
isters were their lawyers. Their civil government was 
developed from their theology, and their legislation 
was the reenactment of the laws of God, as they under- 
stood them. 

Amid these rude surroundings and primitive condi- 

[46] 



Old Boston Town House 

tions, under the severe but salutary rule of the Puritans, 
when the stocks and the whipping-post, though less 
expensive, were quite as efficacious for good order and 
law as the modern reformatory and prison, the first 
Town House was built. 



[47] 



Origin and Construction 
of the Town House 

THE Town House had its origin in the sagacious 
benevolence of Captain Robert Keayne, the first 
commander of the Ancient and Honourable Artillery 
Company, and one of the most prosperous and bene- 
volent citizens of the town. He was a merchant, and 
his house and shop were at the southeast corner of the 
Great Street and the Corn- Hill, where he daily saw 
the necessity for better conditions for the market. The 
need of a Town House was felt by all the citizens, but 
they were not able, even if it had seemed to them pro- 
per, to pay the expense by general taxation. 

The first suggestion of record with regard to a Town 
House is found in the town records of March 12, 
1649, when "At a generall Townesmeettinge of all the 
Inhabitants ... It was ordered that those that shall un- 
dertake to builde a howse for the Courts to be kept in, 
shall have the Imunitye of it that comes by any tole 
or rent to them and their hayers for ever." 

But the people were very poor, and as no one could 
be found to undertake the expense required for the 
construction of such a building, they continued to use 
the meeting-house, not only for worship, but for town 
and colony affairs, until after the death of Captain 
Keayne. He died March 23, 1655-6, and left a will 
written wholly in his own hand, of about one hun- 
dred and fifty closely written folio pages. The preamble 
was as follows: 

I Robert Keayne, Cittizen and M^'chant Taylor of London by 

[ 49] 



The Story of the 

freedome, and by the good Providence of God now dwelling at 
Boston in New England in Aniireca being at this time through 
the great goodnes of my God, both in health of body, & of able 
and sufficient memory, yet considering that all flesh is as grasse, 
that must wither and will returne to the dust, and that my life 
may be taken away in a moment, therefore that I may be in the 
better readinesse (and freed from the distracting cares of the dis- 
posing of my outward estate, w'^'^ comonly followes the deferring 
of it, while the time of sicknes or day of Death, when the minde 
should be taken up with more serious and waighty consideracons) 
I doe therefore now in my health make ordaine & declare this to 
be my Last Will and Testament and to stand and to be as ef- 
fectual! as if I had made it in my sicknes, or in the day or hours 
of my death, which is in manner and forme following 

First and before all things, I coinend & comit my pretious soule 
into the hands of Almightie God (who not onely as a Loving 
Creator hath given it unto me when he might have made me a 
bruite beast, but also as a most Loveing father & mercifull Sa- 
vio'", hath Redeemed it with the pretious blood of his owne deare 
Sonne and my Sweete Jesus; from thegulfe of missery and ruine 
that I by Originall Sinne and actuall transgressions had plunged 
it into) Therefor renowncing all manner of knowne errors, all 
Popish Prelaticall superstitions, all Anabaptisticall inthusiasmes 
and Familisticall delusions, with all other fayned devises, and all 
Old and New upstart opinions, unsound and blasphemous errors, 
and other high imaginations, that exalt themselves against the 
bono*" and truth of God, in the way of his worsh, and ordinances 
and against the dignitie and cepter of the Lord Jesus Christ my 
Savio'". 

In this will he said as to a Town House: 

I haveing long thought & considered of the want of some 
necessary things of publike concernment which may not be only 
comodious but very profitable & usefuU for the Towne of Boston, 
as a Market place & Cundit, the one a good helpe in danger of 
fyre, the want of which wee have found by sad & costly experi- 
ence not only in other parts of the towne where possibly they 
have better supply for water but in the heart of the towne about 

[50] 



Old Boston Town House 

the market place, the other usefull for the country people that 
come with theire provisions for the supply of the towne, that they 
may have a place to sitt dry in and warme both in cold raine & 
durty weather & may have a place to leave theire corne or any 
other things safe that they cannot sell, till they come againe, 
which would be both an incouragement to the country to come in 
& a great meanes to increase trading in the Towne also, to have 
some convenient room or too for the Courts to meete in both in 
Winter & Sumer & so for the Townes men & Commissio''^ of 
the Towne, also in the same building or the like there may be a 
convenient roome for a Library & a gallery or some other hand- 
some roome for the Elders to meete in & conferr together when 
they have occasion to come to the towne for any such ende, as I 
perceive they have many. Then in the same building there may 
be also a roome for an Armory to keepe the Armes of the Artil- 
lery Company & for the Souldiers to meete in when they have oc- 
casion. Now if it should not be thought convenient by the Elders 
& Deacons or guids of the towne that all these conveniencyes 
should be under one roofe or in one place of the towne or that 
there be some places already built that may conveniently be used 
or fitted up with smale cost for some of these purposes, as in the 
Meeting House for a Granere or Armory & other places in it for 
the Magistrates & Commissio""^ to meete in as they doe sometimes, 
it is true in the sumer they may, in the Winter they cannot for 
want of chimneyes & fyres, but it would be necessary & more 
convenient (And the Towne hath beene often speaking about it, 
to have such a building for such uses though yet it hath not 
beene accomplished) if there were a place fitted on purpose & set 
apart for suce publike uses, and if advice were taken with some 
skilfull & ingenious workmen & some others that have good heads 
in contriving of buildings such as Mr. Broughton, Mr. Clarke, 
the Chirirgion &c. there might such a model be drawne up that 
one fabricke or building may be easily contrived that would con- 
veniently accomodate all these uses, without extraordinary cost 
and yet may be so done as would be a great ornament to the 
towne as well as usefull & profitable otherwayes but if the chiefe 
of the towne should be of anoth"" minde, then I should propose 

[51 ] 



The Story of the 

this, that the cundit & Markett House be sett in the market 
place somewhere betvveene M*" Cogiiis house & mine or anywhere 
in that great streete betweene M"". Parkers House & M*" Brentons 
or rather M"". Webb's if it should be judged there to be more 
convenient, these two may handsomely be contrived in one build- 
ing in w*=*^ possibly may be some other convenient roomes fitt for 
some of the uses before mentioned besides & for those which that 
place cannot supply, as for a Library & for a Gallere or Long 
Roome for the Devines & Schollers to meete & conferr togeather 
upon any occasion it may be contrived to be sett all along on the 
foreside of the Meeting house joyning to it on the one side and 
the other side to be supported with pillars so the roomes about 
may be for Court meetings at the one side & the Elders at the 
other & the open roome betweene the pillars may serve for Mer- 
chants, M"" of Shipps and strangers as well as the towne (being 
either paled or horded on the ground) to meete in at all times to 
conferr about there busines & occasions w*^*^ I conceive would be 
very advantagius to the towne & may be so contrived & sett forth 
y* will be no disgrace or incumbrance to the meeting house but 
a great ornament to it but if it should be thought not convenient 
to have it in the front of the Meeting House, it may accomplish 
the same ends, if placed on that side of the Meeting House from 
Seargeant Williams shop to Deacon Trusdalls house, or if a build- 
ing placed in one of these two places may accomplish all the ends 
before menconed save only the Cunditt then a large Cundit may 
be sett up alone, about the place where the Pillary stands & the 
other about the meeting house as before w*^'* I leave to the best 
contrivement of the towne & the Elders & Deacons w'^'' building 
or buildings if the towne shall thinke meete to goe about it & 
improve them for the severall uses before mentioned, only the 
Granere may be in any other place of the towne as shalbe thought 
convenient, I stand not upon that though my owne judgement 
leads me to thinke that some places or place about the Comon 
Market or near to it wilbe most suitable for many reasons. I say 
towards the building of these convenient places. 

Item I give and bequeath three hundreth pounds in good 
merchantable pay the one third part thereof when the frame is 

[ 52 ] 



Old Boston Town House 

brought to the place & raysed or some part of it before when 
the frame is in some forwardness if neede be, the sconde part 
when the chimneyes are built, the house covered and closed in 
round and all the floors layed, and the last third part when it is 
quite finished, provided that it be gone about and finished 
within two or three yeares at the most after my decease, and if 
any of these either a Cundet or Markett House should be sett 
up before my death, by the towne or any other in the place or 
places above mentioned, then my gift shall remaine good either 
for some addition to the same worke or for the accomplishing 
of those other workes by me mentioned that are not done by 
others, with a rebating proportionable to what is or shalbe be- 
fore done by the towne or any other Pson, Now that these 
things may not be only for a show or a name & when finished 
prove as shaddowes & stand as emptie roomes without substance 
that they may be improved for the uses that I ayme at & in- 
tend though my estate is not such as whereby I am able to doe 
what I desire & would be willing to doe if I had it, for such 
publike benefitt, yet for examples sake & encouragement of oth- 
ers (especially of our owne towne w*^^ will have the benefitt of it) 
& such in the towne that have publike spirits & some comfort- 
able estates to helpe on such workes I shalbe willing to cast in 
my mite & bring my lime & hare possibly God may stirr up 
the hearts of others to bring in their Badger skines & silke & 
others more costly things that the worke may goe on & prosper 
in so smale a beginning. 

The will then provided that when the room for the 
"meeting of the Elders in the Towne House" was fitted 
so "that they might meet when they pleased thereat 
fower pounds a yeare should be payd out of some of 
his shops in Boston by quarterly payments w^'^ should 
be ordered and disposed as the Eld"^^ should direct or 
advise to provide some refreshing for them when they 
meete or now and then dinn"^^ as farr as it will goe & 
as themselves shalbe pleased to husband it." 

[53] 



The Story of the 

Then followed another provision for a "convenient 
fayre roome in one of the buildings before mentioned 
for an Amory & the meeting of the Artillery," &c. 

Later on in the will Captain Keayne spoke further 
of this legacy of three hundred pounds, partially as 
follows : 

Now concerning the originall legacy of Three hundred pounds 
that I have given to the Towne of Boston for the raysing of a 
Cundit in the Market place & for a building to fitt for such uses 
as I have before mentioned, if any shall alleadge that three hun- 
dred pounds is not sufficient to accomplish it I answ*". 1. That it 
may be some of these may be gone about & finished by y^ Towne 
before God may call me out of this world as y^ Cundet or m''kett 
house &c. & then there wilbe the lesse to doe and I know that 
the Towne hath agitated it & seriously intended to have gone 
about to doe them all except only y® library, as such things that 
are needfull & will turne to the publike advantage of the Towne. 
2'^. I say that I conceive if it be well managed & ordered it may 
doe it all or very neare it. I suppose one of the two last houses 
that I built hath roome enough in it to accomplish all the ends 
before mentioned excepting the Cundit, if it had beene first con- 
trived & thought on for such an ende, yet that hath not cost me 
400''', not by so much as I suppose will neare build a new Con- 
dit, but Thirdly if it should fall short I doe expect & suppose 
that the Towne wilbe willing to add to it & make up the rest 
either by enlarging of the Conveniencyes or beautifying the 
structure for the better ornament of the towne & possibly some 
else may thinke of some other thing wanting, that may be as 
usefuU to the genn'"all good of the towne as most of these to be 
added to it, w*^'^ I have not thought upon, besides if I were about 
to build a thinge that I conceive would be very usefull & ad- 
vantagious to me but am not comfortably able to beare the charge 
of it, if any freind out of love to me would lend me 300 "'. some 
considerable time gratise it would be a great incouragement to 
goe on with the worke, but if he should offer to give me freely 
SOO''^. towards it I should think my selfe bound to be very thanke- 

[ 54] 



Old Boston Town House 

full to him and to be willing to make up what is wanting rather 
than I would loose so free a kindness by my neglecting of the 
worke. 

But possibly some wilbe ready to apprehend that I may doe 
this only for my own endes & benefitt w^^ may make them the 
more backward to have it goe on especially with any of their own 
Cost, for some such spiritts there be that had rather deny them- 
selves a benefitt then that another should enjoy e a greater bene- 
fitt by it, as some have said that I have beene very forward to 
have a Cundit in y* place because I have so many houses & build- 
ings there about & so a Market House wilbe more the beneficiall 
to bring trade to my shops. I answ"" putt case that this were in 
all things true, it is not sinefull nor unlawfull in Christian prudence 
to pvide meanes for the p*" venting of danger or procureing of any 
lawfull good, I doubt not but they would doe the like if it were 
their owne case. But 2^'^ what advantage will this be to me when I 
am dead and gone, if others should not receive more benefitt then 
I by it I need not trouble my selfe with what may fall out in after 
times, in these respects for I shall feele no want, nor suffer any 
damage by such losses & a 100 things Avould come into consid- 
eration as needfull to p^'vent or provide for as these, if men goe- 
ing out of the world should trouble themselves with the care of 
such changes and things that may happen when they are dead. 
S^^y If my housen only were there & no other shops but myne, 
there might be more ground for such an apprehension, but it is 
the heart of the towne and many fayre buildings & shops there 
be round about, the Market is there seated allready, the Market 
house is more for the conveniency of Strang*"^ & there accommo- 
dation in winter and sumer in wet & dry there for the inhabit- 
ants of the towne & in that respect it is a worke of charitie and 
mercy and though some pticular psons that trade may have more 
benefitt by it then some other psons that dwell further off*, yet, 
the advantage & profitt of it will redound to the whole towne in 
genn''all. 

It was six months after the death of Captain Keayne 

before the town took the first step toward carrying out 

his plan. The records of the selectmen for the month of 

[55] 



The Story of the 

December 29, 1656, contain the following item: "It is 
agreed that the next day of our meeting some time bee 
spent to consider of Capt. Keayne's will in respect of 
the legacyes given to the towne." On January 25, 1657, 
the record shows that the selectmen voted as follows : 
"Upon the perusall of Capt. Keayne's will respecting 
the legacyes given to the towne, itt is agreed that forth- 
with the executrix and overseers of the said will bee ad- 
vised with concerning the said legacyes withoutt delay." 
A "Generall towns meeting" was held March 9, 
1657, and voted to appoint a committee, and the re- 
cord runs thus: "Capt. Savage, M^ Stodard, M^ How- 
chin, and M^ Ed. Hutchinson, sen., are chosen a com- 
ittee to consider of the modell of the towne house, to 
bee built, as concerning the charge thereof, and the 
most convenient place, as also to take the subscriptions 
of the inhabitants to propagate such a building, and 
seasonably to make report to a publick townes meet- 
ing." It is suggestive of the independent spirit of the 
voters that neither Mr. Broughton nor "Mr. Clarke, 
the chirurgeon," was appointed on this committee, al- 
though Captain Keayne in his will had suggested them 
as proper persons for this work. This committee pre- 
pared and circulated subscription papers as they were 
directed to do, and two of the original papers are pre- 
served, — one in the possession of the Bostonian Soci- 
ety, and the other in that of the Massachusetts Histo- 
rical Society. The enterprise evidently met with ready 
support, for the papers contain the names of one hun- 
dred and seventy-five persons, and the subscriptions 
amount to more than five hundred pounds. Many of 

[56] 



Old Boston Town House 

the amounts were pledged in produce. "In country 
pay," "In goods and corne," "In goods and provisions," 
"In bricks, lyeme or timber," "In hats," " In shoes," are 
some of the phrases with which the amounts are modi- 
fied. Many also agreed to give work. Edmund Jacklin 
made a subscription of one pound in glass, "or work, 
if I be in the contry when the house is to be glassed." 
Many promised help on condition that "y^ market 
house bee Errected in y*" markett place, & a Cunditt." 
The " Cunditt,"to which allusion is made in Captain 
Keayne's will, was doubtless intended for use as a reser- 
voir for water. At all events this was the first attempt 
in New England to provide water for the people at 
the public expense. It did not succeed at the time of 
the building of the Town House, but it is interesting 
to find that Captain Keayne and many other citizens 
of Boston had the foresight to see that such a re- 
servoir was needed. It was not until 1671-2 that the 
"Condit" was finally abandoned. In that year we find 
that "at a meeting of all y^ Selectmen at Capt. Dauis 
house " a vote was recorded as follows : 

Libertie is granted to Mr. Nicholas Paige to take away the 
brickes belongeinge to the place intended for a conduit at ye 
end of the towne house before his dore, prouided he imediatelv 
fill the place euen w*^*^ the ground about it, for w*^*^ he brought 
a note from the Ouerseers of Capt. Robert Keaynes Will, & a 
discharge for his guift expended thereabout, a Coppie where of 
followeth & y® Originall kept amonge the townes writings. 
To the Selectmen of Bostone. 

Vnderstandinge by Mr. Paige that the place builded for a 
Conduit is prejuditiall to his house & shops and that you are 
willinge he should remoue and improue it to his own vse, if our 
consent may be had thereto and beinge informed likewise that 

[ 57 J 



The Story of the 

Capt. Robert Keaynes guift to ye towne of Bostone for y* end 
hath beene expended vpon that worke, though by the proui- 
dence of God, it hath not proued soe vsefull as was expected and 
desired, vpon these considerations, Wee the Ouerseers of Cap* 
Keaynes will shall acquiesse in what is done, and not trouble the 
towne of Bostone any further in relation to that particular. 
Witness our hands the 7*^^^ of 1** mo. 1671. 

Symond Broadstreet 
Daniell Denison 
Edward Rawson 
James Johnson. 

There were two subscription papers for contributions 
toward the expense of building the Town House. One 
was as follows: 

Whereas thear is giuen a considerabl sume by Capt. Kayne 
towars the Bulding of a towne house w^^^^ sum will not ataine the 
Bulding w*^'^ he mentioneth in his will, now considering the vse- 
fulnes of such a structure we whose names are vnder written, doe 
ingag or selues or heyres executors for to giue towards the abou 
sd hous and alsoe a condit in the market place the severall sumes 
vnder written. 

Jo: Endecott 
17 pdRi Bellingham in Country pay 
pd Edward Tynge in Corne 
pd John Euered in goods and corne 
pd 46* Peter Olliuer in goods and provisions 
John^ Barrett: in goods: or corne 
d. 29 Aug. 1658 
pd James Olliuer provided there be a Cun- 
dit withall in goods and provisions 
eqelly 12 00 pd 

Will Paine in goods and provisions 15 00 00 

pd Richard Parker in goods and provisions 10 00 00 pd 
pd Nathaniell Williams in goods 03 00 00 pd 

pd Sarah Parker in provisions 05 00 00 pd 

pd Henry Powning in goods 02 00 00 pd 

[58] 



£ 


s 




2 


10 


00 


10 


00 


00 pd 


10 


00 


00 pd 


010 


00 


00 pd 


10 


00 


00 


03 


00 


00 



^05 


00 


00 pd 


005 


00 


00 pd 


02 








05 


00 


00 pd 


04 


00 


00 pd 


5 





Opd 


03 


10 


00 pd 


02 


10 


00 pd 


5 


00 


00 pd 


5 


00 


00 pd 



Old Boston Town House 

pd John Cogan in Corne 
[ ] five pound 
paid Theodore Atkinson will give in hats 

Tho Howkings 
paid John Hull In English goods five*'® 
pd Thomas Clarke in provision or goods 
pd Robt Turner 
paid Richard Cooke in provisions 

pd Robert Swift 
paid Samuel Hutchinson in wheat 
paid Josh Scottow in pvision or goods 
pd Will™ Hudson will : pay in bricks lyeme 

boai'ds [ ] or timber the some of 10 00 00 pd 
Hezekiah Usher : will pay 2 In English 
pd Goods or equivolent, twentye : poundes, 
paid prouiso : y* y^ market house bee 

Errected in y® markett place: & a 
Cunditt 20 00 00 pd 

W™ Dauis will pay in goods & corne 
paid Fifteene pounds provided y® market- 
house be Eerected in y^ markett place 
& a conduitt also raised & Finished 
pd Thomas Buttolph 
paid James Penn 

paid Jacob Sheafe in provision & goods 
paid Tho : Lake | In English-goods & |^ In 
provisions 
pd Isaak Waker in English goods or pro- 
visions 
paid John Sunderline 3£ 
[ ]pd Robt: Pateshall, in planke or boards 
paid Thomas Matson 
paid John Williams 
paid Thomas Edsell 
paid Thomas Bligh 
paid Richard Gridley 
paid John Button 

[59] 



15 


— 


— 


02 


00 


00 


05 


00 


00 


12 


00 


00 


09 


00 


00 


03 


00 


00 


03 


00 


00 


05 


00 


00 


1 











10 





00 


10 





00 


15 


00 


02 


00 


00 


05 


00 






The Story of the 

Benjamin Negus 

James Eueritt in Flower 01 00 00 

Robt Batterly 00 15 00 

paid John Coney 00 15 00 

paid Samuell Mattocke 00 7 00 

paid Rich'i Stanes 00 10 00 

paid Rowland Story in Lewtenant Cooks hand 01 00 00 

paid Ri Wayte 02 00 00 

j9aic/ Philip Whorton 02 00 00 

paid Augusten Clement 10 

paid Richard Woodde in provision [ ] 01 

paid John Phillips 03 

paid Tho Emons 10 

paid Thomas Littell thre dayes worke 00 10 

Humphrey Bradshaw thre dayes worke 00 10 

Joseph Bonde ten shillings by Samell 

Lemist 00 10 

George Brome a bushel wheate 00 04 00 

paid William Paddy 12 

paid Henry Kemble 00 10 

paid Thomas Makepeace 01 00 

paid Joshua Hewes 00 10 

Ffrances Smith 00 10 00 

paid Francis Douse 00 09 

paid John Pierce *4 00 

paid Simon Eire 1 10 

j9airf Comfort Starr 01 00 00 

paid Henry Phillips 05 00 00 

paid Henry Shrimpton Come wood 10 00 00 

paid John Lowel 03 00 00 

paid George Munioy three pounds 03 00 00 

paid Jno. JoylifFe 03 00 00 

paid Amos Richardson 02 00 00 

pd Edmond Grenleff 10 

pd Edward Porter 10 

j9m^ Nicholas Phillips 10 

pd Thomas Harwood 1 00 

[60] 



Old Boston Town House 



paid Thomas Brattle 


5 








paid Thomas Baker in Iron workes 


01 


00 





paid John Biggs in Shingle or worke 


002 


00 


00 


paid Jo. Marshall in shoes 


01 








paid Henry Alline [ ] 


01 


00 


00 


paid Hugh Drury 


01 


00 





paid John Collens 


1 








paid Thomas Scotto 


1 








paid Nathanell Thorn 





10 





paid John Pears 


1 








paid William Reade 


00 


10 


00 


paid Will. Tay 


00 


10 


00 


paid Jo" Blacklach 


01 


00 


00 


paid John Clough 


00 


10 


00 


paid Sam^' Davice 


00 


05 


00 


paid Samuell Cole 


02 


00 


00 


paid Christopher Gibson 


02 


00 


00 


paid Robert Nanney 


02 


00 


00 


paid Henry Bridgham 


10 


00 


00 


paid Thomas Waker 


12 


10 


00 


paid Nathanell Reynolls 


01 


00 


00 


John Hawkines tobaco 


01 


00 


00 


paid Arthur Masson 


00 


10 


00 


paid Ann Carter 10,9 


00 


10 


00 


paid James Dauis by Tho : Joy 6s8i 4<s more 


00 


10 


00 


paid Daniel Turill 


01 


00 


00 


paid Thomas Fitch 


00 


10 


00 


paid Edmund Jacklin in glass or worke if I 








be in the contry when the house is to 








be glassed 


01 


00 


00 


paid William Gibson 


00 


05 


00 


paid Jeremy Castine 


01 


90 


00 


paid Edmund Jackson by Thomas Fay 


01 


00 


00 


Miells Towne in lether 


00 


5* 


00 


pd William English — in shoes 


02 


00 


00 


paid Joseph Howe Twenty Shillings 


01 








paid Samuel Norden in shoes 


00 


10 






[61] 



01 


10 


00 


1 


10 


00 


01 


00 





00 


10 





01 


10 








10 





3 


00 


00 





06 


00 


02 


00 


00 


10 


00 


00 


1 


00 


00 


2 






1 


10 


00 


02 


10 





2 


00 


00 



The Story of the 

pd 10 s Robert Nash in worke 

paid Mathew Barnes — paid 1 — 9 — 3 
paid Thomas Dewer 
jm'id William Corser 
paid Bartholomew Cheever 30* 
Henery Messenger — paid 
Will Colburn in [ ] or provision 
paid 16* 
paid Edward Goodwin 
pd James Johnson in his Comodityes 
pd 5s John Newgat promise to give five pound 
& in [ ] the preveledg of our 

[ ] 
Thomas Bumsted of Boston promise 
paid Natha. Duncan 
paid Peter Duncan 
paid John Wiswall 
paid Joseph Wise 

The other original subscription paper is in the same 
form, but in a different handwriting and with a differ- 
ent mode of spelUng. The subscriptions to it are as 
follows : 

paid Robert Raynals 

paid John Lake 

paid Robert Sanderson 

paid Raphfe Mason 

paid Richard Carter by goodman Baker 

paid Mr John Anderson 

paid Nathaniell Greene 

paid Joseph Rocke six pounds 

paid Gamaliel Waite 

Mr Ransford 
paid John Shaw fisherman 
paid Mical Willis cutler 

Thomas Leder 
paid William Whitwel 

[62] 



£ 


* 




1 








01 


10 


00 


01 


00 


00 


01 


00 





01 


00 





02 


00 





01 


10 





06 


00 





01 


00 


00 


01 


00 


00 


00 


10 


00 


01 


00 


00 


00 


10 


00 


01 


10 


00 



Old Boston Town House 



paid Joseph Moore 
paid Bartholomew Barloe 
paid Heue WilHams 

Marke Hams 
paid John Sweete 

paid John Farnam in worke or other pay 
paid Tho : Clarke in Bondes at springe 
paid Evan Thomas will pay in literedge 
paid John Baker 
paid John Lewes 

Deacon Trusdell 
paid Mr David Eavens pr Capt Oliver 
paid William Browne 
paid William BeamsUeay 
paid Zakary Phillips 
paid Will"* Wenborne 
paid William Cotton 
paid Alexander Becks 
paid John Richards three pounds 
paid Edward Lane p'"mise to pay by the 
hands of Lieu* Rich. Cooke five 
pounds and tenn shillings I say 
paid Mr. Bishop 

Mrs. Richards Re 10* 
paid Alex : Adames promis 

Mr Edward Belcher pr Mr, Hill 
paid Deacon Trusdell 

pd William Brenton in ( ) 
paid Jo. Checkley 

Simon Lynde Five pounds 
paid Henry Blake 
paid Mr. Henry Webb 
paid Capte Pendleton 
pd Richard Taylor 

John Parker, Shewmaker 
paid Abraham Busby 

Mr Webb Shewmaker 

[63] 



01 


00 


00 


01 


00 


00 


02 


00 


00 


01 


00 


00 


02 


00 


00 


01 


00 


00 


10 


00 


00 


01 


10 


00 


01 


10 


00 


1 








2 


00 


00 


2 


10 


00 


01 


00 


00 


01 


00 


00 


01 


00 


00 


01 


10 


00 


00 


05 


00 


03 


00 


00 


5 


105 




2 


00 





1 


10 





01 


10 


00 


10 


00 


00 


01 


00 


00 


10 


00 


00 


02 


10 





5 






02 


10 





20 


00 





05 








00 


15 





01 


00 





02 


10 





00 


10 






The Story of the 

paid Mr Houchin 05 00 00 

jmid Mr. Alfford 01 10 00 

Sketches of the signers of the subscription papers will 
be found in an interesting article by A¥alter Kendall 
Watkins in volume three of the Bostonian Society Pub- 
lications. 

There is no record of any discussion as to the loca- 
tion of the Town House. Apparently the market-place 
was at once accepted as the proper place for such a 
building. The title to the land was the same as that 
to the land covered by the rest of the street, namely, 
the original proprietary right of the first colonists un- 
der their Charter from the Crown. As late as May 3, 
1708, the selectmen for the town of Boston entered 
on their proceedings an order: "that the Streets Lanes 
and Alleys of this Town as they are now bounded and 
named be accordingly recorded in the Town Books 
w*=^ are as foUoweth: viz*." And among other streets 
thus recorded was "The Street Leading from Corn 
Hill includeing the wayes on each side of the Town 
House extending easterly to the sea King st." 

This street, now State Street, was for many years 
the most frequented street in the town, and was 
treated by the town as one street. The space in it at 
the top was, as a foregone conclusion, the best place 
for the new public building which Captain Keayne had 
desired "should be a great ornament to the towne as 
well as usefull & profitable otherwayes." 

The committee appointed by the town in January, 
1657, doubtless reported progress to the town, but no 
record of their report is now to be fouiid. Another 

[ 64] 



Old Boston Town House 

committee was shortly after appointed with power to 
make contracts for the work, and August 31, 1657, 
they made the following written appointment of agents. 
The original paper is in the possession of the Massachu- 
setts Historical Society. 

Power Conferred bythe Committees for the Town House, 1657. 
Wee whofe names are vnder wrighten having full power given 
vs by the Town of Bofton to Agree with workmen, & in their be- 
halfe to Engadge the Town, In the Payment of any fum or fums 
for the building Erecting & Compleating of A houfe for the Town 
both for the forme & dimentions &c. according as we fhall Judge 
meet, They the f*^ Towne having Engadged themfelves to own 
ftand by vs and pforme what promifes Covenants or Engadgm 
wee fhould make in order to the accomplifhing of the premifes, 
And to facillitate the f^ worke we the f^ fubfcribed doe make 
choyce of M Edward Hutchinfon & John Hull in o behalfe to 
Agree & Compound with workmen & Engadge paym* in everie 
refpect for the f^ worke k we doe hereby oblidge o"" felves to ftand 
by, own, & performe what the f<^ M"" Ed : Hutchinfon & Jn Hull 
Soe deputed fhall doe or Engadge themfelves in as iff it was the 
perfonall act of everie one off vs & heervnto we fubfcribe o'" hands, 
by this binding o"" felves likewife to own what the i^ prtyes have 
allridy done in the f* worke figned this 31 of the 6^^ month 1657. 

Tho: Marshall 



Townefmen 
Coviijsioners. 



Samuel Cole 
William Paddy 
Josh: Scottow 
Jer: Howchin. 



The written contract for the construction of the 
Town House is dated a month earlier than this ap- 
pointment of agents, and was made by Hull and Hutch- 
inson with Thomas Joy and Bartholomew Bernad. 
That paper is also in the possession of the Massachu- 
setts Historical Society, and is as follows: 

[65] 



The Story of the 

Agreem^ for the Town House — 1657 
Bofton, Auguft 1. 1657. 

Wee whofe names are vnder wrighten Being chofen by & in 
behalfe of the Town of Bofton, to bargain & Contract with fome 
able workmen about A houfe for the Town, we have bargained 
& Contracted, & by thefe prefents doe bargain & Covenant with 
Thomas Joy and Bartholomew Bernad of Bofton ; & the i^ Tho- 
mas Joy & Barth Bernad, are heerby bound & doe oblidge them- 
felves vnto the f'^ Town of Bofton (& in vn [to] In theire behalfe) 
that they will Prepare & Erect, a very fubftantiall and Comely 
building In the place Appointed by the f'' Town; The dimen- 
tions of w^^ Edifice fhall be fixty fix foot in Length, and thirty 
fix foot in Breadth from out fide to out fide, fet vpon twenty one 
Fillers of full ten foot high between Pedeftall & Capitall, & well 
brafed all four waies, placed vpon foundation of ftones in the bot- 
tome. The wholl Building to Jetty over three foot without the 
Fillers everie way : The height of the f^ Houfe to be ten foot be- 
twixt Joynts above the Fillers, and a halfe ftorie above that with 
three gable Endes over it vpon each fide : A walke vpon the Top 
fourteen or 15 foote wide with two Turrets, & turnd Balafters and 
railes, round about the walke according to A modell or draught 
Frefented to vs, by the {^ Tho: Joy & Barth: Bernad. The f^ 
Tho : Joy & Barth. Bernad Likewife finding things necifarie and 
meet for the f'^ Building viz: Timber in in everie refpect & of 
everie fort, fubftantiall & meet according to Proportion & Art, 
Flank for the fides & ends three Inch thick,* well groved into 
one another, and into the timbers allfo an Inch and halfe; well 
plained and fmoothed on Both fides, two Inch plank for the lower 
floor, and full Inch for the vpper floor, Both fmoothed, and vpon 
the walk duble boarded and well groved ; the Rooff* well boarded 
& fhingled, with gutters fufficiently made. 

Bringing all to the Place, Erecting finifhing & Compleating 
the whole Edifice viz The Frame, foundations, Floores, ftaires (viz 
Two pair halfe paced ftaires & turnd ftaires vp into the walke) 
doores, window Cafes & Cafements, mantle peeces Inclofures Per- 

* "Only we alow of Two Inch plank for the fides & ends above the Plates & 
bearaes." 

[66] 



Old Boston Town House 

titions * &c The wholl Edifice to be Erected, by the thirty daye 
of the fourth month called June next enfuing the date heeroff ; 
and Covered and fhingled within fix weekes after that. The 
Town finding all the Iron worke, as nailes hookes hinges Sec. glafs 
with glafing and Lead for the Gutters mafonrie worke as the 
chimnies, foundation of the Fillers with ftone brick & Lime be- 
longing to the fame the afFo^'f'^ Tho: & Earth: all the other 
worke as affo.^^ The Town finding help at the rayfing. 

In confideration of the premifes we doe heerby oblidge our- 
felves (according to order & in behalfe of the f*^ Town of Bofton 
afforf^.) To give & Affigne over vnto the f '^ Tho : Joy & Barthol : 
Bernad or to either of them or their aflignes the three Hund: 
Pounds w*^'^ is that Part of the Legacy of Cap* Rob Keyne (de- 
ceafed) defigned & bequeathed vnto the f '^ Town in his Laft will 
for ther vfe, and alfo one hund. Pound more we heerby oblidge 
o^'felves to Pay or Caufe to be paied vnto the f^ Thomas & Bar- 
tholomew or their Aflignes In good Englifh goods at price Cur- 
rant, and likewife to doe our vttmost that one fiff'ty pound of this 
above mentioned paym* (viz out of the thre Hun'^) may be made 
in mony for the more lively cavfing an end of the affb''f '^ worke. 

The time w*^** Payment f hall be as followeth viz : one Hund. 
Pound at the Bringing of the Timber to the Place A fecond 
Hund: at the rayfing A third Hund: at the Inclofure & Cover- 
ing A fourth at the finifhing and Compleating vnto all thefe 
premifes abovef^ we doe heerby Joyntly & feveraly mutualy & 
Interchangeably bind ©""felves by o"" hands & feales this firft of 
Auguft, 1657. 

We doe alfo engadge that the three Hund : pound in the Leg- 
acy above f '^ fhall be made good vnto the f^ workmen Thomas 
& Bartholomew. 

IVitnefs heer vnto 
Joseph Newgate Edward Hutchinson {seal) 

James Browne John Hull. {seal) 

Henry Powning 

The building was made ten inches longer and seven 

* "There is to be both Rooraes from the chimnies clofed on both fides and 
one Crofs partition in one of the Roomes; befide the ftair Cafe." 

[67 ] 



Old Boston Town House 

inches wider than the original contract required at an 
extra cost of £69 10 s., and there were probably other 
contracts with Joy and Bernad for constructing this 
"substantial and comely building" at a greater expense 
than these original estimates. On January 28, 1660, 
the selectmen voted that " In reference to the accounts 
of Tho. Joy and partner for the building of the towne 
house, stayre cases and Conduit, and the compleating 
of the said worke, Itt is ordered that the Treasurer 
shall pay to the said Joy sixe hundred and eighty 
pounds (deducting what hath beene already paid) outt 
of the Treasury or next Towne rate ; whereby all con- 
tracts made with the said Joy are performed as per his 
owne hand to a writing of this date." Beside this, it will 
be seen by the contract that the town found all the iron- 
work, nails, hooks, hinges, &c., and all the glass, with 
glazing and lead for the gutters, &c. The total expense 
of the building appears to have been about seven hun- 
dred pounds. Taking into account the comparative 
value of money and the ability of the people to pay, 
this was probably a greater proportionate expense than 
that of any public building since erected in the Com- 
monwealth. 



[68] 



Colony and Town Uses 
of the Town House 

AS the Town House was designed to be used by the 
^ General Court and other Courts of the Colony, 
the selectmen of Boston asked the General Court to 
aid in its construction, and May 19, 1658, the General 
Court ordered that " In answer to the Selectmen of 
Boston, the court judgeth it meet to allow unto Bos- 
ton, for and towards the charges of their town house. 
Bostons proportion of one single country rate* for this 
year ensuing, provided that sufficient rooms in the 
said house shall be forever free for the keeping of all 
Courts, and also that the place underneath shall be free 
for all inhabitants in this jurisdiction to make use of 
as a market forever, without payment of any toll or 
tribute whatsoever." 

In accordance with this provision, the right of the 
town to use the Town House was always regarded as 
subject to its use for the courts and the General Court. 

July 19, 1704, the town record shows that it was 
"Ordered that the Town Clerk give out warrants to 
Call a Town meeting on the 20*^. Insf at 8 a Clock in 
y^ morning for the Townes right in y^ Flats &. the S'^. 
meeting being warned was prevented to convene by 
reason of y® Tryall of y^ Pirates." The town meetings, 
as a rule, were held in the Town House, but occasion- 
ally in the meeting-house, when the Town House was 
occupied by the General Court. Sewall records that 

* Country rate, that is, colony tax for general colony purposes. See Colonial 
Laws, 1660 (Whitmore Edition), p. 135. 

[69] 



The Story of the 

"June 1, 1703, Town ISIeeting is held in the old 
Meeting-house because of the Gen'. Assembly, 2 p. m. 
Voters 206." 

The contract with Joy andBernad required the build- 
ing to be completed in July, 1658, but it was not ready 
for use until some time in the early part of 1659. 
March 28, 1659, the following record of the selectmen 
shows that they were caring for the safety of their new 
possession. "Itt is ordered that no person, whether 
watchman or any other, shall, att any time, take tobacco, 
or bring lighted match, or fire underneath or aboutt 
any part of the towne house except in case of military 
exercise, upon the penalty of twenty shillings for every 
such offence, except under covert for the use of the 
house above." 

Special orders were given to the " Watch" for the 
security of the Town House. The duties of these 
guardians of the town were set forth with precision 
every night, and the whole order is so quaint and so 
amusingly suggestive of the commands given by the 
inimitable Dogberry under similar circumstances, that 
it may well find a place here. It runs, in part, as follows : 

A charge shall be giuen verballie, or read vnto the watch euery 
night. The Form of Charge. 1. That they Silentlie but vigilantlie 
walke theire seuerall turnes in the seuerall quarters and partes of 
the Towne, two by two, a youth allwayes joyned with an elder 
and more sober person, & two be allwayes about the markitt place. 

If they finde any younge men, Maydes, women or other per- 
sons, not of knowne fidelitie, & vpon lawfull occation walkeing 
after 10 of the clocke at night that they modestly demand the 
cause of theire being abroad, & if it apeare that they are vpon 
ille minded imploym* then to watch them narrowlye & to com- 

[70] 



Old Boston Town House 

mand them to repaire to theire lodginges, & in case they obsti- 
nately refuse to giue a rationall accompt of theire busines, ore 
to repaire home, then to secure them vntill the morninge. 

For as much as the watch is to see to the regulateinge of other 
men actions & manners, that theirefore they be exemplary them- 
selues neither vseing any vncleane or corrupt language, now vn- 
manerlye or vnbeseming tearmes vnto any, but that they be- 
haue themselues soe that any person of quallitye, ore strangers 
y* ar vpon occation abroad late, may acknowledge that o"" watch 
neglects not due examination, nor offers any iust cause of prou- 
cation. 

That the Towne house be in a spetiall manner regarded by y® 
watch to see y^ none take tobacco or vse any fire vnder o"" about 
the same. 

There is no picture of any kind now known to exist 
of this building which was made while it was standing. 
But drawings were made for me under the direction 
of the eminent architect, G. F. Shepley, from the ori- 
ginal building contract. These doubtless give a substan- 
tially correct view of the Town House as it appeared 
from the west and the east, and also give floor plans of 
the building, and are here reproduced. 

From the materials at hand in the records of the 
time, I have tried to compare the building with the 
present Old State House, and to show the peculiarities 
of its various parts and the uses of each of them. The 
building stood, as the present Old State House building 
stands, wholly within the original lines of the street, 
with a portion of the street surrounding it on all sides. 
The west wall of the present building is fifteen feet 
from the line of Washington Street at the south side 
of the building, and eight feet from Washington Street 
at the north side. This leaves a triangular portion of 

[71 ] 



The Story of the 

State Street between the easterly line of Washington 
Street and the westerly line of the State House and the 
buildings on the south side of the street, and the build- 
ings on the point of the triangle touching the build- 
ings on the north side of the street at the intersection 
of Washington Street. This area is approximately one 
thousand two hundred and twenty-five square feet. 
The width of State Street at its junction with Wash- 
ington Street is one hundred and thirteen feet, and 
the width of the street at its junction with Devonshire 
Street is one hundred and thirteen and one-half feet. 
The distance from Washington Street to Devonshire 
Street is approximately ninety-five feet on the centre 
line of the street. 

The present Old State House is one hundred and 
twelve feet long, thirty-six feet wide, and fifty-four 
feet and six inches high from the street to the ridge- 
pole at the easterly end, and forty-nine and twenty- 
three one hundredths feet from the ridge-pole to the 
westerly end nearest Washington Street. The Town 
House was forty-five feet two inches less in length than 
the present building, and probably stood at least that 
distance further down or easterly on the street than the 
present building stands, which made the grade of the 
street under the Town House less steep than the grade 
of the street under the present building, and the space 
underneath, therefore, easily used for a market-place. 

From the provisions of the building contract we are 
able to ascertain the dimensions of the building and 
substantially its exterior construction and appearance. 
It was sixty-six feet ten inches long and thirty-six feet 

[72] 



Old Boston Town House 

seven inches wide. It was constructed of wood, the 
sides and ends of three-inch and two-inch plank "well 
grooved into one another," and it stood on twenty-one 
wooden pillars ten feet high between pedestal and capi- 
tal, which made the lower floor probably from twelve 
and a half to thirteen or fourteen feet above the level 
of the ground beneath. The lower floor was reached by 
stairs from the level of the street and projected three 
feet outside of the pillars on all sides of the building. 
The height of the flrst story above the first floor was 
ten feet, and above that story there was a half story 
with three gable ends upon each side of the building, in 
which there were windows, and there were chimneys at 
each end of the building. Upon the top of the building 
there was a walk fourteen or fifteen feet wide, with rails 
around it, and in the top of the roof there were two tur- 
rets. With the exception, however, of the reference in 
the contract to "Two paire halfe paced staires & turned 
staires vp into the walke," and in a note to the contract 
that "there is to be both Roomes from the chimnies 
closed on both sides and one Cross partition in one of 
the Roomes ; beside the stair case," there is no accurate 
information as to the interior arrangement of the build- 
ing ; and the information as to the arrangement and use 
of the different parts of the building is so meagre and 
widely scattered in the scanty records of the time that 
different persons may well reach different conclusions. 
From what study I have been able to make, I am 
inclined to think that when the building was constructed 
the space under it on the street level was the market- 
place, and the first floor, reached by stairs from the 

[73] 



The Story of the 

street at either end, was the Exchange, while the upper 
rooms, on the second floor, were for the courts, the h- 
brary, and the use of the selectmen. The following are 
the records and facts I have found bearing upon the 
matter. The order of the General Court on May 19, 
1658, making contribution by the Colony toward the 
Town House provided that "The place underneath shall 
be free for all inhabitants in this jurisdiction to make 
use of for a market forever, without payment of any 
toll or tribute whatsoever." This language would hardly 
have been used of a room or an exchange, but was par- 
ticularly appropriate to the use of that portion of the 
street under the Town House for a market, for which 
the space had been used before the building was con- 
structed. It is also to be noticed that when the town 
allowed the use of this "place" for private purposes, it 
was never described as the "Exchange." In the first 
lease made of a portion of it to Robert Gibbs in 1665, 
the language was a "lease for the Seller under the 
Town House," and when in 1664 the town provided 
for a watch-house under the stairs at the east end of 
the Town House, the space was spoken of as the 
"Town Seller." An order of the selectmen of July 25, 
1664, also indicates that the Exchange was a room in 
the Town House and not the place under the Town 
House where the market was held. The order was : 

For the more convenient and exspeditious dispatch of Ma*"- 
chants affayres or any other, relateing to strangers and our In- 
habitants. 

Itt is ordered that the Bell shall be runge att all of y*^ Clocke 
euery workeing day to giue notis thereof to all persons con- 
cernned and that the ringer shall be allowed IS'^ p. yeare by 

[74] 



Old Boston Town House 

euery parson that comonly resort there vnto and that they may 
assemble in the Rome vnder the Towne house, for the space of 
one hower for the ends aboue expressed. 

In 1709 the Exchange was called the "Lower 
room." May 6, 1709, we find this order: 

The Select men do order that no Inclosure or partition be made 
or Sett up on the Exchange or Lower room under the Town House 
without their Approbation & consent. And M'' James Maxwell is 
for bid to Leave open & unlock'^ by night the doors of the Stair 
cases without their order. 

At this time the upper rooms were occupied for the 
courts, the library, and the meetings of the selectmen 
and other town officers, and therefore the large room 
below was properly called the "Lower room." The 
order that the doors of the staircases should not be 
left open and unlocked at night shows that the Ex- 
change was not the place under the Town House on 
a level with the street, but the first-floor room reached 
by these stairs at the top of which were doors opening 
into the room. The orders for the maintenance and re- 
pair of the staircases also show that they were not un- 
der the building and sheltered from the weather, but 
outside of it, at each end, exposed to the weather, so 
that in time it became necessary to protect them by a 
covering of lead. 

There may have been doors at the bottom of these 
staircases as well as at the top, but there could not 
have been doors in the space under the building on a 
level with the street, for no staircases existed in that 
space. The purpose of the order of May 6, 1709, evi- 
dently was to protect the Exchange, not only by pro- 
viding that no persons should put up any partitions, 

[ ^5 ] 



The Story of the 

but also by locking the doors of the staircases, so that 
it could not be entered by anybody at night. 

Again, Sewall records that when he was captain of the 
Ancient and Honourable Artillery Company, June 2, 
1701, the election was in the Town House, and that 
he "called down the Council out of the chamber and 
they set their chairs below," indicating that the Coun- 
cil Chamber was on the second floor of the building. 

That the courts were held in the second story is 
shown by various writings and records of the time. 
In an account of a visit to Boston by John Josselyn, 
published in 1675, he says that Boston has "a Town- 
House built upon pillars, where the merchants may 
confer. In their chambers above they keep their 
monthly courts." 

So Dunton writing of it in 1685 said: "Their Town 

House is built upon Pillars in the middle of the Town, 

where the merchants meet and confer every day. In 

the chambers above they keep their monthly courts." 

The position of these chambers is made clear by the 

following order of the selectmen, December 22, 1708: 

Ordered that a convenient place be made in one of the little 
roomes between the two chambers in the Town House convenient 
for Lodging writeings w'^^ paper, Quill, Inck, pen-knife with 
other Nessessaryes convenient to be Kept und Lock an Key there 
for the use of the Select men. 

These "little roomes" were obviously used by the 
selectmen and other town officials, while the "two 
chambers" were used, one by the governor and coun- 
cil, and the other by the deputies, and in them were 
also held the colony courts. An examination of the 

[76] 



Old Boston Town House 

condition at that time shows that the east and west 
chambers were large enough for these purposes. 

Under the charter of 1691, the councillors would 
have had ample accommodation in either one of these 
chambers, and during most of the time the deputies 
could have been accommodated in either one of the 
rooms, though it is quite likely that when the num- 
ber arose to seventy and over, as it did beginning 
about 1700, the deputies met in the large room below. 

The town meetings were doubtless held in the large 
room, but the number of voters while the Town House 
was used was not very large. Sewall records that on 
May 9, 1698, three hundred and forty votes were 
cast, which, he says, was the largest vote he had ever 
known. May 11, 1696, one hundred and thirty-four 
votes were cast at town meeting; May 8, 1699, three 
hundred and twenty-three; April 27, 1703, two hun- 
dred and forty-four; June 1, 1703, two hundred and 
six; and April 29, 1709, two hundred and four. I 
think it probable, therefore, that the lower floor was 
reached by stairs from the street and was wholly occu- 
pied by one large room about sixty-five feet long and 
thirty-five feet wide, which was called the "Exchange." 
Here the merchants met and also, perhaps, the Gen- 
eral Court, when the council and the deputies met 
together, as they did at the close of each session, 
and occasionally at other times. This room was also 
doubtless used for town meetings and for any large 
gathering of the townsmen or inhabitants. The second 
floor was reached from the first by stairs at either end, 
and had a room at either end, each occupying some- 

[ 77 ] 



The Story of the 

thing more than one-third of the entire floor. Between 
these rooms there was a passageway from the one to the 
other, and on each side of this was a small room with 
doors opening into the two end rooms. From the cen- 
tre of this passageway a flight of stairs led to the roof. 

There were chimneys at each end of the building, and 
fireplaces at each end of the large room on the first floor, 
and at the end of the east and west rooms on the second 
floor. The deputies met in the room in the east end and 
the council met in the room in the west end on the 
second floor. Sewall notes that Ratcliffe, minister of 
the Church of England, was granted for the service of 
the Church "ye East end of ye Town House where ye 
Deputies use to meet." This room was also used for 
the library. The records of King's Chapel show that 
prayers were said "in the Library chamber in ye town 
house." 

The dimensions of these rooms at the east and west 
ends of the second floor cannot be accurately deter- 
mined; but they were certainly at least thirty-six feet 
in width. If they were each twenty-five feet long, there 
would have been left for the "little rooms" and the pas- 
sageway between a space of at least fifteen by thirty-six 
feet, and each end room would have had an area of nine 
hundred square feet. This area was quite sufficient for 
the accommodation of the governor and council in one 
room, as by the Charter the Court of Assistants could 
not exceed eighteen in number, and in fact only four- 
teen were elected before 1679. The number of deputies 
chosen at that period was from thirty to forty, all of 
whom could have been comfortably accommodated in 

[78] 



!i'i 



□ 



Zy'ij-iJz ^'/c^on- 




''J^Mori c/ ^Jio 



a 



□ 



Jla/i v^ }^Jollini ^Jotmv^j^ri 



HJ-C 



Old Boston Town House 

a room twenty-five by thirty-six feet. Only thirty-three 
deputies appear to have been returned from the towns 
to the first General Court held in the Town House 
May 11, 1659, and at the second session in May, 16G0, 
there were only thirty-five. From a list in the second 
volume of the New Hampshire Historical Society Col- 
lections it appears that from 1658 to 1679, inclusive, 
the number of deputies who met varied from twenty- 
nine in 1678 to forty-six in 1669, the average being 
thirty-nine. 



[79] 



Shops 
Under and About the Town House 

THE steps which led from the street to the floor of 
the Town House at the west end left a space under 
them which was available for a shop, and as the towns- 
men were thrifty folk they soon began to use this space 
for revenue. 

The town records show that : 

June 24, 1661, Itt is Ordered y* Rich: Taylor shall enjoy y^ shop 
vnder y*^ stayres att y^ west end of y® Towne-house during his life 
& his wiues life, paying y^yearely rent of 30^., y*^ one halfe in mony, 
y^ other in goods or corne, hee fitting vp y^ s'^ shop att his owne 
charge, & y*^ s'^ shop to bee left after their death w*^'^ all y® ap- 
purtenances to y^ Townes vse w^'^outt any consideration from y® 
Towne. And y^ reason of taking no more Rent is, because his 
charge of fitting vp y^ s'^ shop amounts to £10. 

February 24, 1661/62, Vpon the complaint of Rich : Taylour of 
the greatnes of his charge vpon the shop at the foot of the Towne 
house staires, it is agreed that there shall bee an abatement of 
10^. anually vpon the rent formerly agreed the 24 (4) last past. 

The selectmen voted as follows: 

September 26, 1 664, Itt i s Ordered that the East end of the Towne 
seller vnder the Stayer Casse shall be for a watch house for the 
townes vse. Itt is Agreed in consideratio thereof to Allow Thomas 
Lake and Hezekiah Vsher £6. p. Annu and to be att the chardge 
of the present repaire & fitting the s'^ seller for the vse befor men- 
tioned. And in case the Towne after 2 yeares vse of the same 
see cause to giue it vpp into the hands of the parsons befor men- 
tioned of whome the Towne hath rented it, allowing the Chardg 
they haue ben at deliuering it vp, in good repaire the Rent that 
shall be recieued to be repayed back againe. 

The records of the selectmen state : 
February 29, 1665, This day a lease signed for the Seller vnder 

[81 ] 



The Story of the 

theTowne house to M*" Robert Gibbs, for 51 Yeares, begining the 
25 of March last, payeing 5®. in siluer to the Towne Treasuer one 
the 1st of March jearely. 

August 23, 1669, At a pubhque meetinge of the inhabitants 
warned from house to house Vpon a motion of Richard Taylors 
to haue his Lease of his shop vnder the towne house granted to 
him for a longer time. It was left to the select men if they saw fit, 
to agree with him about it. 

The selectmen's records show: 

November 29, 1669, Accordinge to a vote of the towne the 23 
of 6 mo. 1669 The select men agreed with Richard Taylor about 
his shop vnder the towne house. That s'^ Taylor and his assignes 
shall enjoy the s*^ shop for the space of 61 yeares next ensueinge. 
In consideration whereof he hath now put it into good repaire & 
paid 7£. as a fine, and is obliged & to keep the same in good re- 
paire & to pay 20®. p. annum to the treasurer of the towne duringe 
the said terme. 

November 26, 1675, John Taylor, the son and heir of 

Richard Taylor, assigned to James Maxfield of Boston: 

The small shop under the stairs at the westerly end of the Town 
House (the westermost shop, under the stairs) paying to the se- 
lectmen of Boston 20 shillings a year (10 in lawful money and 
ten corn or provisions) and to John Taylor five shillings. 

In 1677 Henry Phillips opened a book-shop under 
the stairs at the west end of the Town House in the 
Taylor shop. Here he published and sold one of INIa- 
ther's sermons: 

Renewal of Covenant the great Duty incumbent on decaying 
or distressed Churches. A sermon Concerning Renewing of Cov- 
enant with God in Christ, Preached at Dorchester in New Eng- 
land the 21 day of the 1 month 1677, being a day of Humili- 
ation there, on that Occasion. By Increase Mather, Teacher of a 
Church in Boston. Boston, Printed by J. F. for Henry Phillips, 
and are to be sold at his Shop in the West end of the Town- 
house in Boston, 1677. 

[82] 



Old Boston Town House 

I find no record of any further use of the space un- 
der the Town House for private purposes until Octo- 
ber 28, 1686, when the records of the selectmen show 
that such use had been made and was continued. The 
record is: 

Let to John Hayward of Bostone Notary or his Assignes the 
small Shop or roonie that is scituate and beinge in the Towne 
house, at the westerlie end thereof, late in the tenure and occu- 
pation of Nath^' Barnes, as now inclosed he payinge therefore 10®. 
p an in mony for the terme of 21 yeares from this 28**^. day of 
Ocf. 1686 as by Lease thereof doe more fullie apeare. 

Benjamin Eliot appears to have had a book-shop un- 
der the west end of the Town House in 1699. The "Acts 
and Laws of His Majesties Province of the Massa- 
chusetts Bay in New England " states on its title-page 
that it was " Printed for and sold by Michael Perry at 
his shop over against the Town-House, and Benjamin 
Ehot under the West End of the Town-House, 1699." 
On June 28, 1703, the record shows that the town 
"granted to Benj* Eliot the Shop under the Town 
House formerly Let to John Howard, Scribener, de- 
ceaced, for the Term of Seven years from this day at 
40 Shill. p. annum, June 28**^. y^ dementions are w"\ 
inside 9 foot, 8 inches in length & 4 foot 1 J inches in 
breadth." 

In 1709 the entire space under the west end of the 
Town House appears to have been devoted by the town 
to business purposes for revenue. The town records 
show that on January 24, 1709, it was "Voted, by the 
Select men that the Sume of fifteen pounds Sixteen 
Shillings w*"^ the Treasu"^ Lately reed for Dockage of 

[ 83] 



The Story of the 

y^ Ship whereof Cap* Fhnt is master Shall be Layd 
out in inclosing & ffitting up Shops under the Shead 
at the westerly quarter of the Town House in order to 
bring in Rent for the Town." Then follow records of 
leases of the shops thus filled up as follows : 

Aprill 4th (1709). The Select men have this Day Lett unto 
Mary Bithin the Easter most of the New Shopps under the Town 
House at three pounds p Annum, She haveing paid down the 
first quarters rent in hand and is to pay the Succeeding rent at 
the beginning of each quarter. 

Aprill 18. (1709) The Select men have now Lett to Eliezur 
Phillips of Boston Booke Seller, the two new Shops at the west- 
erly Corner of the Town House for one year at Seven pounds p 
Annum from this day. 

The renting of shops under the Town House ap- 
pears to have been profitable to the town, for Febru- 
ary 13, 1710, it was "Voted. That the Shead on the 
South'^ Quarter of y*" Town House from y^ middle door 
as far down as y^ Cellar door be made into Shops, in 
order to Augment the Town Rents." At a meeting of 
y^ Sel. men Apr" 1710, it was voted "The Select men 
have Lett unto M"" Jabish Negus, the Shop on y^ South 
Side of y^ Town House between y'' Shops of Elizur 
Phillips & the Shop of JNIary Bithin at three pounds p 
annum to commence the 17"' of Aprill curr*." 

April 2, 1711, the selectmen's records show that it 
was "Agreed to Lett unto Jeremiah Belknap a Shop 
extending from y^ door way to the So'^ corner of y^ 
Town House w^'' is to be Erected there, for the Term 
of Seven years to Comence the first of June next, and 
for the first years rent he is to be at y^ charge of build- 
ing y*^ S*^ Shop, & to pay ten pounds p annum quarterly 

[ 84 ] 



Old Boston Town House 

for y^ next 6 years, he to maintain & deliver up y^ Same 
in Good repaire." 

On July 2, 1711, notices were ordered to be posted 
for letting the new shops on the north side of the Town 
House. These shops from their being in the centre of 
the town were much sought after, and in July, 1711, 
the space under the Town House appears to have been 
enclosed on the north and south sides and on the west 
end by shops, the watch-house being on the east end. 
Some of these shops were occupied at various times by 
Henry Phillips, Samuel Phillips, Michael Perry, Ben- 
jamin Eliot and Eleazer Phillips, well-known book- 
sellers. 

The Town House thus became the centre of the 
printing, publishing, and book-selling business of the 
town. About thirty booksellers were located in its im- 
mediate vicinity, some of their shops being under the 
Town House itself, others opposite, either on the street 
in which the Town House stood, or on the Corn-Hill, 
between Prison Lane and the meeting-house which 
stood where the Rogers Building on Washington Street 
now stands. This appears by the following, among other, 
imprints of books of the time : 

The Doctrine of Divine Providence, opened and apply ed. By 
Increase Mather. Printed by Richard Pierce for Joseph Brun- 
ning, and are to be sold at his Shop at the Corner of Prison-Lane 
next the Exchange. 1684. 

An Almanack of Coelestial Motions for the Year of the Chris- 
tian Epocha, 1681. . . . Calculated for the Meridian of Boston in 
New England, where the Arctick Pole is elevated 42 Degrees & 
30 Minutes. By John Foster, Astrophil. Boston : printed by J. F. 
for Samuel Phillips in the west end of the Exchange. 1681. 

[85] 



The Story of the 

The Short History of New England, A Recapitulation of 
Wonderful Passages which have Occurr'd, — First, in the Pro- 
tections, and then in the Afflictions, of New England. With A 
Representation of Certain Matters Calling for the Singular At- 
tention of that Country. Made at Boston Lecture, in the Audience 
of the Great and General Assembly of the Province of the Mas- 
sachusetts-Bay, June 7, 1694. By Cotton Mather. Printed by 
B. Green, for Samuel Phillips, at the Brick Shop, at the West 
End of the Exchange, 1694. 

Heaven's Alarm to the World, Or a Sermon wherein is shewed 
that fearful Sights and Signs in Heaven are presages of great 
calamities at hand. Preached at the Lecture of Boston in New 
England : January 20, 1680. By Increase Mather. To be sold by 
Joseph Browning at the Corner of the Prison Lane next the 
Town-House, 1682. 

An Essay for the recording of Illustrious Providences : wherein 
an account is given of many Remarkable and very Memorable 
Events, which have happened this last age: especially in New 
England. By Increase Mather. Printed by Samuel Green for 
Joseph Browning and are to be sold at his Shop at the Corner 
of the Prison-Lane next the Town-House, 1684. 

Memorable Providences relating to Witchcrafts and Posses- 
sions. A faithful Account of many wonderful and surprising 
Things, that have befallen several bewitched and possessed per- 
sons in New England. Particularly a Narrative of the marvellous 
Trouble and Relief experienced by a pious family in Boston, very 
lately and sadly molested with Evil Spirits. Whereunto is added, 
a Discourse delivered unto a Congregation in Boston, on the 
occasion of that Illustrious Providence. As also A Discourse de- 
livered unto the same Congregation on the occasion of an horrible 
self-murder committed in the Town. With an Appendix in vin- 
dication of a Chapter in a late Book of Remarkable Providences, 
from the calumnies of a Quaker at Pennsilvania. Written by 
Cotton Mather, Minister of the Gospel and recommended by the 
Ministers of Boston and Charleston. Printed at Boston in New 
England by R. P. 1689. Sold by Joseph Brunning, at his Shop 
at the corner of the Prison Lane next the Exchange. 

[86] 



Old Boston Town House 

The imprint of the eighth edition of the Bay Psalm 
Book reads: "Printed for Samuel Phillips at the Brick 
Shop near the Town-House, 1695;" and of the ninth 
edition: "Printed by B. Green and John Allen for Mi- 
chael Perry under the West End of the Town House. 
1698."RichardWilkins, the first postmaster of Boston, 
opened a bookshop "opposite the West end of the 
Town- House," and when he pubUshed "Man's Chiefe 
End to Glorify God, by the Rev. John Bailey," it was 
imprinted. "To be sold by Richard Wilkins, Book- 
seller near the Town House, Anno 1689." 



[87] 



Repair of the Town House 

THE effect of the severe New England climate 
upon the wooden structure of the Town House 
was evidently injurious, for in less than ten years 
after the completion of it, the records show that repairs 
upon it became necessary. It is interesting to note the 
careful apportioning of expense to the town, the county, 
and the province. 

In October, 1667, the General Court made an order 
for the repair of the Town House as follows: 

For the necessary, full, & suiteable repaire of the Toune or 
Court House in Boston, founded by the late Capt Robert Keayne, 
it is ordered by this Court, that the selectmen of Boston shall 
& hereby are desired & impowred as a comittee to see to & or- 
der the same w"^ all convenient speede, the chardge whereof is to 
be borne & defrajed the one clere halfe by the Treasurer of the 
country, one fowerth part thereof by the Treasurer of y^ county 
of Suffblke, & the other fourth part by the Treasurer of the toune 
of Boston. 

Again, in October, 1670, another order was passed 
for the repair of the Town House, which was as fol- 
lows: 

The Court, being informed & finding that the toune house is 
very much wanting of repajre, & by reason thereof is very dan- 
gerous, judge meete to appoint M"" Thomas Danforth, M*' An- 
thony Stoddard, & M"" Willjam Parkes, a comittee to vejw the 
same, & make report to this Court of what they judge most ne- 
cessary is to be don for the so repayring thereof, as all danger may 
be prevented, & the house preserved. 

September 16, 1685, the General Court passed this 
order : 

The Court, considering the necessity of couering the west stajre 

[89] 



The Story of the 

case of the toune house with lead, — the wooden couering, being 
deficient, letts in the rajne, w*^'^ decays the majne timber thereof, 
— it is ordered, that it be donn w*'* all speed, & that the Trea- 
surer defray the charge thereof vpon the countrys accompt, & the 
rather in regard the toune of Boston haue long since couered the 
east stajre case of sd house at their oune cost & charges. 

Sewall also notes in his diary: "Thursday, Septem- 
ber 17, 1685, the General! Court Voted that the West 
end of the Town-House be secured with Lead at the 
Country's Charge." 

On November 25, 1693, the General Court passed 
the following Act: 

Whereas the town house in Boston, within the county of Suf- 
folk, has formerly been, and is still continued to be made use of 
for the holding of councils, courts of judicature and other pub- 
lick assemblies for the whole province, and has been accustomed 
to be upheld and repaired in part at the charge of the late colony 
of the Massachusetts, part at the charge of the said county, and 
part at the charge of the said town, — 

Be it enacted by the Govemour, Council and Representatives 
in General Court assembled, and by the authority of the same. 

That the charges of repairing the said house be from time to 
time continued, to be answered and paid in proportion following ; 
that is to say, one-half part thereof out of the publick revenue of 
the province, one-quarter part out of the treasury of the said 
county, and the other quarter part out of the treasury of the said 
town. And the selectmen of Boston, from time to time, as there 
shall be need, are to take care that the said house be sufficiently 
repaired, and to lay the accompt of the charge before the gover- 
nour and council, as also before the justices in quarter sessions, 
that so orders may be respectively given as well for payment of 
the part thereof belonging to the province, as that belonging to 
the county, according to this act. 

In 1696-7 the following account was rendered by the 
town treasurer of Boston : 

[90] 



Old Boston Town House 

An Acco** of money Paid by the Town Treasu"" of Boston by 
ord"" of y'^. Select men of s'^ Town to defray Charges belonging to 
the Townhouse One halfe part of s^^ Charges is to be reimbursted 
by the Treasurer of the Province by vertue of an Act of General 
Assembly &c* 

To Cash p*^ William Manly for paveing about 

the Town House as P his Acco'^* 39 8 

To Ditto Manly for new paveing what was taken 

up in the repaires of y® Townhouse 8 

The totaU £39 8" 

One halfe part amounts to | 19 14 

Jams Taylor Treas"" : for y® 
Town of Boston. 

In due time the General Court voted the necessary- 
appropriation by the following Act: 

An Accompt of disbursements made by the town treasurer of 
Boston for paving about the town-house in Boston, amounting 
to the sum of thirty-nine pounds eight shillings, sent up from 
the representatives, with their vote thereupon that the one-half 
of said accompt, being nineteen pounds fourteen shillings, be al- 
lowed, and paid out of the public treasury, pursuant to an act 
of the province for repairing of the town-house, was read and a 
concurrance therewith, — 

Voted. (Approved June 9.) 

In 1697 the General Court made another appropria- 
tion as follows: 

Voted, That the Roome in the Town house where the Repre- 
sentatives of this Province meet be altered and fitted up so as to 
make it more convenient and accomodable, as the Justices and 
Representatives with the Selectmen of said Town shall direct and 
appoint , . . the Charge whereof to be paid one halfe out of the 
publique Treasury of the Province, one fourth part by the County 
of SufFolke, and the other fourth by the Town of Boston as is 
provided by an act of this Province for defreying the charge of 
repairs of s*^. house./* (Approved October 30.) 

[91 ] 



Old Boston Town House 

Sewall makes note of these repairs in his diary un- 
der date of September 8, 1697, as follows: "The Gov- 
ernour and Council first meet in the Council-Cham- 
ber, as it is now fitted with sieling, Glazing, Painting, 
new Floor that brings it to a Level ; New Hearth even 
with it." Also, September 10, 1697: "Twas dark, and 
a Candle was brought in: Mr. Woodbridge went to 
Prayer, which is the first hath been made in the 
Council Chamber since its being very well fitted up 
and made new. Pray'd that our Land-defiling sins 
might be pardon'd ; and Land-destroying Judgments 
remov'd. Pray'd that God would be favourably with 
us at our next Meeting. Court was prorogued to 
fourth-day Oct*^ 13. 9. 7fiane." 



[92] 



General Uses which were Made 
of the Town House 

THE Town House was constructed for colony and 
town uses, and upon its completion was used for 
sessions of the General Court and of the other courts 
of the Colony, meetings of the governor and council 
and business of other colony officers, and the keeping 
of the colony records. It was also used for all the town 
business, including not only town meetings, but meet- 
ings of the selectmen and other town officers, the keep- 
ing of the town records, the public town library, and 
as we have seen the space under it was let for shops 
for town revenue. But the Town House, being the only 
large building in Boston or the Colony except meet- 
ing-houses, and the only secular public building, was 
also used for a variety of other purposes, such as an 
armoury for the storage of arms and munitions of war ; 
a granary for the storage of grain received in payment 
of taxes, for the storage of town and colony property ; 
a drill place for the Ancient and Honourable Artillery; 
for occasions of festivities and of public preaching and 
prayer, and for any other public purpose which could 
not be well accommodated elsewhere. 

The Colony Treasury was in the Town House, and 
worn-out bills of credit which were returned to the 
treasury were there destroyed. Sewall records that on 
February 6, 1709, there was a "treat to the Governor 
at the Green Dragon which cost five shillings a piece," 
and then he says: "After our return to the Council- 
Chamber, Burnt near Six Thousand pounds of decay 'd 

[93] 



The Story of the 

Bills. When the Candles began to be lighted I grew 
weary and uneasy, and even slip'd away without drink- 
ing." The Commissioners of the United Colonies met 
in the Town House to deliberate upon measures for 
defence of the colonies in the Indian wars; here the 
royal commissioners, who brought the commands of 
the King to the Colony, met the General Court ; and 
here Andros caused the first religious service according 
to the liturgy of the Church of England to be held. 

Dunton writes that upon his arrival in Boston in 
1685, he had "an invitation to dine with the Governor 
and the Magistrates in the Town Hall. The entertain- 
ment was very rich and noble," &c. 

On September 17, 1695, Sewall notes in his diary that 
" Gov^ Bradstreet this day sent the Halberts, Copies 
of the Records, and a Loadstone belonging to the Pub- 
lick, to the Secretary, who caus'd them to be lodg'd 
at present in the Town-house Chamber; where I saw 
them when went to write Letters to Capt. March." 

On September 16, 1696, he notes: "Keep a day of 
Prayer in the East end of the Town-House, Gov""., 
Council and Assembly. Mr. Morton begun with Prayer, 
Mr. AUin pray'd, Mr. Willard preached — If God be 
with us who can be against us?" 

On May 26, 1697, he notes: "Election-day: Capt. 
Foster Guards the Governour to the Town-House, 
where the Court had a treat. Mr. Danforth preaches." 

On May 4, 1702, he notes : " Artillery Comp=^ Trains, 
Rainy day; So we exercise on the Town- House in the 
morn." This probably means that they drilled in the 
"Exchange" or large room on the first floor of the 

[ 94 ] 




OJxnvcrjx jyJr-cti/dlree^ 



Old Boston Town House 

Town House, as at that time the space under the Town 
House was so occupied by shops that there was not 
sufficient space for miUtary exercise. 

The Town House was also used for festivities. Sewall 
records: "February 6, 1704, Tuesday, Many go to the 
Council Chamber and there drink Healths on account 
of its being the Queen's Birth-Day." Also "Cousin 
Jer. Dumer, Philosophiae Dr., going out of the Town- 
house about 8 at night, fell by reason of the Ice, hit 
his left Temple against a piece of Brick-batt, Cut a 
great Gash at which much blood Issued : He was so 
stun'd as to be as dead when Mr. John Winthrop took 
him up." Again, on February 6, 1708, he notes: " Queen's 
Birthday, I could not find in my heart to go to the 
Town-House; because hardly anything is professedly 
there done but drinking Healths." 

Captain Keayne in his will contemplated that some 
part of the Town House might be used for the town 
granary, and it appears that it was thus used. On Oc- 
tober 29, 1678, the selectmen ordered that "Robert 
WiUiams is allowed 40 Bush, of Indian corne and three 
rates for y^ yeare past beinge all 2^'*. 10^ for reccaue- 
inge of graine into y^ towne house & deliueringe it out 
from June 1676 to June 1678." I think this granary was 
in the space under the Town House, though I find no 
certain evidence of it. 

The Town House was a convenient place for making 
business appointments, and the practical Puritans often 
combined business with religious observance. Sewall 
notes : " Mr. Willard not seeing cause to go to the Town- 
House to pray, I who was to speak to him refrain also." 

[95 ] 



The Story of the 

money to defray y^ Town charge, and to consult and Agree ab*. any 
other matter or thing w'^^^ may be for the Benefit of the Town. 

The first town meeting in the Town House prob- 
ably was held on the fourth day of JNIarch, 1G58-9. At 
this meeting, which the record shows was held upon 
public notice from house to house, there were chosen 
"seven Selectmen, six Constables, five Surveyors of 
high wayes, one Packer of Fish and Meate, two Clerkes 
of the JNIarkett, two Sealers of Leather, and two Water 
BaylifFs." This order was then passed: 

Itt is ordered that in case of fire breaking outt in any parts of 
this towne, which may possibly threaten mine to a greatt part 
thereof iff not seasonably prevented by pulling downe some house 
or houses to that end; Itt shall therefore bee lawful for the major 
part of the magistrates, Comissioners, and select men, that shall 
then bee present att the fire, or for any three of them mett to- 
gether, and two of them concurring, to cause any house, or part 
thereof, to bee, puld downe; And that whatever house or part 
thereof bee puld downe by their order, shall againe bee repayred 
and made good by the towne to him or them who shall so have 
their houses puld down or impayred. 

At the second town meeting held in the Town House, 
on the thirteenth day of June, 1658-9, the following 
order, showing how carefully the inhabitants secured 
themselves against persons coming into the town with- 
out leave, was passed: 

Whereas sundry inhabitants in this towne have nott so well 
attended to former orders made for the securing the towne from 
charge by sojourners, inmates, hyred servants, journeymen, or 
other persons that come for help in physick or chyrurgery, where- 
by no litle damage hath already, and much more may accrew to 
the towne. For the prevention whereof Itt is therefore ordered, 
that whosoever of our inhabitants shall henceforth receive any such 
persons before named into their howses or employments without 

[98 J 



Old Boston Town House 

liberty granted from the select men, shall pay twenty shillings, 
for the first weeke, and so from weeke to weeke, twenty shiUings, 
so long as they retaine them, and shall beare all the charge that 
may accrew to the Towne by every such sojourner, journeyman, 
hired servt.. Inmate, &c., received or employed as aforesaid. Pro- 
vided, alwayes, that if any person so receiving any shall, within 
fifteene dayes, give sufficient security unto the select men that the 
Towne may be secured from all charges that may arise by any 
person received, and that the persons so received bee not of no- 
torious evill life and manners, their fine abovesaid shall bee re- 
mitted or abated according to the discretion of the select men. 
And itt is further ordered that if after bond given by any, they 
give such orderly notice to the select men that the towne may 
bee fully cleared of such person or persons so received according 
to law, then their bonds shall be given in againe. 

At a meeting held at the Town House on the twen- 
tieth day of August, 1660, the following order, which 
is interesting as bearing upon the labour question, was 
passed : 

Whereas itt is found by sad experience that many youthes in 
this Towne, being put forth Apprentices to severall manufactures 
and sciences, but for 3 or 4 yeares time, contrary to the Customes 
of all well governed places, whence they are uncapable of being 
Artists in their trades, besides their unmeetenes att the expira- 
tion of their Apprentice-ship to take charge of others for govern- 
ment and manuall instruction in their occupations which, if nott 
timely amended, threatens the welfare of this Towne. 

Itt is therefore ordered that no person shall henceforth open a 
shop in this Towne, nor occupy any manufacture or science, till 
hee hath compleated 21 years of age, nor except hee hath served 
seven yeares Apprentice-ship, by testimony under the hands of 
sufficient witnesses. And that all Indentures made betweene any 
master and servant shall bee brought in and enrolled in the 
Towne's Records within one month after the contract made, on 
penalty of ten shillings to bee paid by the master att the time 
of the Apprentices being made free. 

[ 99] 



The Story of the 

The following records show the usual method of in- 
structing the representatives or deputies in the Gen- 
eral Court; 

14 May 1677. At a meeting of the freemen of this towne upon 
lawfull warninge It is Ordered that Elder John Wiswall, Eld"" 
Edward Raynsford, Cap* Joshua Skottow, Capt John Richards 
& Mr. Elisha Cooke, bee a Comittee for drawing vp Instructions 
for the Deputies of y® Generall Court, to whome y*' select men 
are to ioyne, for that end. 

19th ]V]^ay. At a meetinge of the fores'*. Comitee the foUowinge 
instructions were agreed upon & y*^. 21*'^ of May were presented 
to the freemen & approued of by them to be recomend. to y^. 
Deputies. 

These instructions covered seventeen different mat- 
ters, such as the making of pewter ware, the form and 
manner of taking oaths, increasing the number of de- 
puties from Boston to the General Court, observance 
of the Sabbath, repeal of laws as to collection of book 
debts, &c. The following instructions, however, were 
among the most important, and are found repeated 
in the instructions to the deputies for several years at 
this period. 

That in the exercise of yo"". legislatiue powre you haue re- 
spect to y®. Charter or Patent & that you make noe lawe or ord''. 
repugnant thereto. 

That in all other matters that may come vnder yo*". consid- 
eration you passe nothinge that may in the least measure haue 
any tendancie to y*^. infringm*. of our liberties & priuiledges 
whif. ciuill or eclesiasticall granted us by our Charter. 

In January, 1684, a town meeting was held to see 
whether the town desired the Colony to give up the 
Charter as required by the King. It was an important 
occasion, and the record of what was done is as follows: 

[ 100 ] 




J ncmctje ^ l(a//wr 



Old Boston Town House 

Vpon readinge and publishinge his Majesties Declaration dated 
26*'^ of July 1683 relateinge to the Quo Warranto issued out 
against the Chart"", and priueledges claymed by the Govern'' & 
Company of the Massachusetts Bay in New England, It beinge 
put to the vote. Whether the Freemen were minded that the 
Generall Court should make a full submission and intire resigna- 
tion of Our Charter & priuiledges there in granted to his Majes- 
ties pleasure as intimated in said Declaration now read. 

The Question was resolued in the Negatiue, Nemine contra 
dicente. 

The Rev. Increase Mather stoutly opposed any sur- 
render or concession, and stated the case in the fol- 
lowing language : 

As the question is now Stated, whether you will make a full 
Submission and entire Resignation oft/our Charter aiid the Pri- 
viledgesqfit unto his Majesties Pleasure, I verily Believe We shall 
Sin against the God of Heaven if we vote an affirmative unto it. 
The Scripture teacheth us otherwise. We know what Jephthah 
said. That zahich the Lord our God has given us, shall we not pos- 
sess it? And though Naboth ran a great Hazard by the Refusal, 
yet he said God forbid that I should give away the Inheritance 
of my Fathers. Nor would it be Wisdom for us to Comply. We 
know, David made a Wise Choice, when he chose to fall into the 
Hands of God rather than into the Hands of Men. If we make 
afidl Sid)m%ssion and entire Resignation to Pleasure, we shall fall 
into the Hands of Men Immediately. But if we do it not, we shall 
keep ourselves with his Providence; and who knows what God 
may do for us ? 

The selectmen held monthly and sometimes weekly 
meetings in the Town House. Their manner of con- 
ducting business is shown by votes passed by them. On 
December 29, 1701, the following vote was passed: 

Voted that the next monethly meeting of the select-men begin 
at one of the clock precisely and those of the Select men that 
Exceed a quarter of an hour beyond that time Shall forfeit Six 

[ 101 ] 



The Story of the 

pence. And that at each monethly meeting here after One of the 
Select-men shall be moderator for S*^ meeting & that they take it 
by turns beginning at the Eldist and So Successively, and that 
they begin S'^ meetings w*^ prayer. 

Again, March 29, 1708, this vote was passed: 

The Select men do agree to meet together ab*. the Town af- 
faires every Monday at Six of the Clock in the afternoon, and 
that each of them who Shall neglect to Attend by the Space of 
halfe & hour beyond or passed the S'^. time appoynted Shall for- 
feit and pay the Sume of four pence for every Such Neglect. S^ 
fines to be disposed of At the direction of the Select men. 

The records of the selectmen are interesting as show- 
ing with what diligence and detail they administered 
town affairs. They provided for the sweeping of the 
chimneys in the town, a matter of great importance at 
that time on account of the danger of fire; they re- 
ceived lists of estates for taxation ; entertained applica- 
tions for poor relief; appointed watchmen ; leased the 
town lands, docks and wharves; received and settled 
bills against the town ; provided for keeping streets free 
of obstructions to the flow of surface water ; authorized 
the erection of posts before warehouses, and required 
the taking down of posts and fences which interfered 
with the use of the streets ; approved keepers of houses 
of public entertainment ; appointed persons to ring the 
bells at the Town House and meeting-houses ; peram- 
bulated the boundaries between the town and other 
towns; issued warrants for the collections of taxes; 
gave leave to plant upon the town lands ; admitted in- 
habitants into the town ; fined persons for opening shops 
in town without liberty ; appointed pound-keepers and 
fixed their fees ; fixed the indentures of apprentices ; au- 

[ 102 ] 



Old Boston Town House 

thorized the construction of wharves by owners of lands 
upon the sea; permitted the taking away of fallen wood 
upon common lands ; put the children of idle persons 
out to service ; looked after the keeping and use of the 
town engine and appliances for putting out fires ; regu- 
lated the digging up and carrying away of turf or earth 
on the Common; and in general attended to all the 
concerns, or as they were then termed the "prudential 
affairs," of the town. 
The following votes by them are characteristic: 

In answ. to the motion of M'^. John Hubbert, the Select men 
do admit that S*^. M*". Hubbert may have & make use of the 
materialls for Wire-drawing w'^^^ are now in the Town House 
garret he giveing rec*. for the Same, obligeing himselfe to return 
the Same upon demand. 

Allowed Samuel Clough 12*. 8j9., his aeco* for mending the 
Town House Clock. 

Liberty is granted to M'. Eneas Salter & he is ordered to Stop 
the Cart way in the broad Street below the Town House for 
the Security of the paveing which he is now ab*. to accomplish 
there. 

As early as 1663 many of the streets in Boston were 
paved with cobblestones, then called "pebbles," but 
only a small strip in the middle of the street was usu- 
ally paved, and the sidewalks were only paved wide 
enough for one person to walk on them. 

Widdow Thomas fined 5^, for permitting fier to be carred forth 
he"" howse in an vnlawfuU vessell not couered, being breach of 
Towne order. 

Nathaniell Miles & Thomas Alline ar each of them fined 5 ® a 
peice for breach of a Towne order in openinge shopps in the 
Towne before theay weare regularly admitted inhabitants in the 
said towne. 

[ 103 ] 



The Story of the 

Mr. John Hayman hath libertye to make vse of the streett from 
Goodman Read house towerdes the watter side for to accommi- 
date his trade leaueing sufficient way for Carts, duringe the 
Towne pleasuer. 

Orders for the Bellman : — You are to walke through and about 
the Twne from 12 clocke at nighte to 5 in the morning and if 
yo" see any extreordnary light or fier in any house o"" vesselles 
you are to repaire to the same. And as the danger may be soe giue 
notis of the same. If yo*^ see any light in any Vessell att any of 
the dockes or Creekes, Command them Cute, And speake to all 
houses wheare yo" see any light to haue a care of them, except 
yo" know the occation of theare keping the said lighte. 

Itt is Ordered that Matthew Coy be allowed £10. out of the 
Towne Treasuery for his Chryrourgery in the healinge of Wil- 
liam Ockington, thighe. 

Itt is Ordered that Doctor Stonne be allowed £3. 14^. out of 
the Towne Treasurye for ministring phissick and Chirurgery to 
Goodman Fauor att Rumny Marsh. 

Hennery Rayner is hereby orderedd to attend the yoakeing & 
ringing of Swynne belonging to the inhabitants of the Towne of 
Boston, and to aseize all forfeitures that shall arise by swine not 
being yoaked and ringed. 

John Dawes is ordered to ouer see the youth at the new met- 
ting house, that they behaue themselues reuerently in the time of 
diune worship, and to act according to his instructions therein. 

Vpon Information of the necessitye and Inability of the North 
end of the Towne to repaire there metting house, wee iudge mett 
to allow £40. out of the Towne Treasuery towerds the same. 

Mr Jones sent for by the Select men for keep^ a schoole and 
being required to performe his promise to the Towne in the 
Winter to remoue himeselfe and famyly in the springe: And for- 
biden to keepe schoole any longer. 

At a meeting of the Select men Jan'"^ 9,8^^ 1706: Ordered that 
Complaint be given in unto the Justices now Sitting in Q*". Ses- 
sion Ag'. John Gerrish for Incloseing eighteen foot & halfe in 

[ 104 ] 



Old Boston Town House 

Length & two foot eight Inches in Breadth of the Street or high- 
way on the South Side of the Town House. 

John Hubbert hath not Hberty to abide to continue in the 
Towne, vnles he serue 3 yeare to perfect hi me in the trade of a 
Joinner. 

Steuen Brace fined 20^. for the contempt of the Townsmen or- 
der in their restriction the last metting day; And further for- 
bidden to worke any other worke then Jorny worke for 12™°, on 
penal tie of 20^. p. month. 

Mr Will Howard hath liberty to keep a wrighting schoole, to 
teach childeren to writte and to keep accounts. 

Whereas it is found by experience that in case of fire break- 
inge out in this towne, the welfare thereof is much indangered, 
for want of a speedy supply of water; It is therefore ordered that 
after the first of March next, and soe forward to the first of No- 
uember in euery yeare. Euery Inhabitant in this towne shall at 
all times duringe the said terme haue a pipe or a hogshead of 
water ready fild with the head open at or neere the dore of theire 
dwellinge houses and ware houses vpon the penaltie of 5^ for 
euery defect. 

Agreed with Thomas Matson sen*", to looke for the towne clocke 
and keepe it in good repaire from the first of March next for one 
yeare next ensueinge, & to haue 10^. for his paines about it. 

Agreed with Giles Dyer for keepinge of the towne clocke for 
ye yeare ensueinge, for w^^ he was to be allowed 6 pounds in mony, 
or other pay equivalent beside his owne town rate. 

Thomas Farny is apynted to ringe the Bell at the North Meet- 
inge at nine of y^ clocke at night & fiue in morninge in y^ roome 
of Goodman Barber who is by age disenabled in y^ seruise, & to 
receaue his salary. 

Ordered that warrant be given to a Constable to leauie by dis- 
tresse vpon y^ estate of Alexand"" Caiman shoomaker the sunie 
of 20 ^ for openinge of a shop in y® towne contrary to an Or- 
der thereof, w^^ was done by Jabesh Salter Constable, who dis- 
trained Fiue of shooes, aprized by Sydrak Simson & John Meriam 
at 20 ^ 

[ 105] 



Old Boston Town House 

Giuen a warrant to ye Constable to leauie 2^. v'pon Francis 
Cooke for ridinge in his cart through y*^ streete. 

Libertie is granted to the Widdowe Castle to entertaine 
Lodgers Francis Hudson haueinge ingaged for y® obseruation of 
good ord"" in the Family. 

Libertie was granted to Mr Pef Serjeant to set vp a Lime 
kilne vpon the lay hill neere Fox hill, If it be done with the aduice 
& approbation of Deacon Eliott. 

Granted to Thomas Pecke sen*" 10 loade of Crooked Timber in 
Muddy riuer Comon land such as Deacon Eliott shall approue 
of & vpon such termes as they can agree for, he beinge willinge 
to give for it as he buyes the like of Deacon Eliott or any other 
men. 

Let vnto Joseph & Benj° Williams the priuiledge of a Feny 
from Bostone to Wenesemet, for 3 yeares from y*^ 25*-^^ of March 
next, they or either of them payinge to the treasurer of this 
towne for the vse of y^ Towne 8^*^. p. ann. in mony. And Trans- 
portinge the Hon""^ Majestrates Fen-ige Free, accordinge to 
form'' custome. 

Ordered y* noe psn shall annoy the street by wast water from 
theire pumps or otherwise upon the penalty of 20 shillings & 20 p. 
moneth untill the annoyance be removed. 



[ 106 ] 



The Town House as the Place of Posting 
Notices and PubHshing Laws 

THE regulations of the town as to public matters 
were posted in the Town House. March 15, 
1672-3, the selectmen ordered — 

That a note set vp vnder the Towne house vpon one of y*^ pil- 
lars, concerninge the price of wheat shall be suffitient notice to 
y^ Bakers to size their bread by accordinge to Law. 

And upon the first Monday of evey moneth the men y*. set 
the price of wheate shall set up such a note & the words after 
notice given in page 9 the 2*^ line may be left out of y*. lawe. 

The colony laws were also published at the Town 
House by sound of drum and reading. 

The "Body of Liberties" of 1641, which was the first 
colony code of laws, and the subsequent laws of each 
year were thus read and made known to the people upon 
their adoption by the General Court. In 1673 the Gen- 
eral Court ordered that all laws and orders of every 
session thought fit to be published be "read in the 
Markett Place at Boston, vpon the fifth day, being a 
Lecture Day, w*^in the ten days after the end of such 
sessions, which being performed is and shallbe ac- 
counted sufficient publication." 

The Royal Declaration of July 26, 1683, of the pro- 
ceedings in the English courts against the Charter was 
pubhshed in the Colony as provided therein: "by be- 
ing posted on y« Exchange in Boston." The Peace of 
Ryswick was proclaimed at the Town House Decem- 
ber 10, 1647. Sewall notes it as follows: "Mr. Jn« Wil- 
lard brings the Order for proclaiming the Peace here, 

[ 107 ] 



The Story of the 

which was done between 3 and 4. p.m. Eight or 10 
Drums, Two Trumpets: Prisoners released," 

On October 30, 1703, Samuel Marion petitioned the 
General Court saying he had for above twenty years 
past "been Improved on all publiqueOccassions to beat 
the Drum vz Laws, Acts, proclamations &c. and a 
very rare thing that any other Drum*^ was Improved;" 
wherefore he asked for ten pounds, which he estimated 
would be less than twelvepence a time for his services. 
He was allowed forty shillings "for his service several 
years in beating a drum at the publishing of laws and 
proclamations etc." 

On March 15, 1700-1, the council records show that 
Mr. Sheriff Gookin was allowed £3 for his expenses in 
publishing the Acts; and in 1726, £7 135. Gd. for cash 
paid for beating drums and for his own service in pub- 
lishing the Acts. 

It was from the Town House that Queen Anne was 
proclaimed upon her accession to the throne after the 
death of William, in 1702. The information of the 
king's death and of the accession of Queen Anne came 
to Boston by the way of Newfoundland, and was re- 
ceived INIay 28, 1702. Sewall's account of the matter 
is interesting. 

Burrington from New-Found-Land brings Prints of the King's 
death March, 8, at 8 am. Queen"'s Speech to her Lords at S* 
James's. Lords Spiritual and Temporal, their Address ; Queen's 
Speech to the Parliament; Several Addresses; and at last the 
Gazette containing the Proclaiming the Queen, came to Hand : 
Then we resolv'd to proclaim her Majesty here: Which was done 
accordingly below the Town-house. Regiment drawn up, and Life- 
Guard of Horse ; Council, Representatives, Ministers, Justices, 

[108] 



Old Boston Town House 

Gentlemen taken within the Guard; Mr Secretary on foot read 
the order of the Council, the Proclamation, and Queen''s Proclama- 
tion for continuing Comissions. Mr Sheriff Gookin gave it to the 
people. Volleys, Guns Proclamation was made between 3 and 4. 

The ministers did not like it because the General 

Court went before them in the ceremonies of making 

the proclamation. Sewall notes on June 1, 1702: 

Had much adoe to persuade Mr. Willard to dine with me, 
Said ministers were disgusted because the Representatives went 
first at the Proclaiming the Queen; and that by order of our 
House. But at last he came : I went for him, leaving my Guests. 

It was also in the Town House that the allowance 
and disallowance of Colonial Acts by the English 
government under the Charter of 1691 were published. 
On April 26, 1699, Sewall records that — 

Mr. Secretary waits on the L*. Gov"", and comes into the Coun- 
cil-chamber after the Adjournment in the evening, and tells Mr. 
Winthrop, Mr. Cooke and me that the Act for Courts is dis- 
anuUed and that of the Colledge, &c : so that our Court is like to 
die and sink in the midst. The Lord be our King, and Lord, and 
Law-Giver. Pardon our Court-Sins, and sanctify our frequent 
Deaths. 

The next day Sewall records that " Drum is beat, and 
Allowance and Disallowance of the Acts is published, 
L*. Gov'", and Council standing in the Gallery. Great 
many Auditors below." 

Again Sewall records: "Satterday, Sepf 25, The 
Queen's Birthday is celebrated by the Captains of the 
Frigots and sundry others at Noddles Hand. King and 
Council's Proclamation of Nov"^ 6. last, was published 
by beat of Drum throw the Town to hinder their mak- 
ing Bonfires in the Town however." 

[ 109 ] 



Use of the Town House 
as the Place of PubHc Records 

THE Town House was the place where the pubHc 
records of the town and Colony were kept. Prior 
to November, 1647, there does not appear to have been 
any special provision for keeping the colony records, but 
at a General Court held November 11, 1647, it was 
provided that — 

To y^ end all records, wills, births, letters, & oth"" instrum*^ 
^ch QJ.Q of special & publike concernm*, may be safely pserved & 
impved for y*' good of psent & succeeding ages, it is ord'"ed by y® 
Co'te, & y^ authority thereof, y* forthw*'^ y"" be, by direction of 
y* audito'' gen''all, a strong presse made of very firme oake planks, 
w*^ rabit ioyntes one into anoth"", about 6 foote high, 5 foote 
long, 3 foote broad, fro" out to out, well bound, w*^^ 3 strong 
locks, of sev'^all workes, y^ keyes w'of to remaine in y^ hand of y® 
Gov^'n'" (one), y^ Secretary (one), y^ Record"" (one), w*^^ shalbe 
chosen fro™ yeare to yeare; in w'^^^ presse y"" shalbe div""® coberds, 
for sev^'all uses, w*^^ supscriptions, for y® more ready recourse to 
any thing conteined y''in; w^'^ presse shalbe kept in some place 
convenient, at Boston, by direction of y^ Gov^'n'' for y® time be- 
ing, fro™ time to time, till y^ Gen^^all Co''te take furth*" ord'". 

This "presse" was doubtless placed in the Town 
House upon its construction, and there the records were 
kept during the charter period in the custody of Edward 
Rawson, who became secretary in 1650. After the re- 
vocation of the Charter Rawson appears to have kept 
the records in his custody, probably not taking them 
away from the Town House, but keeping the key of the 
place where they were kept in his own possession. The 
following records, now in the Massachusetts Archives, 

[ 111 ] 



The Story of the 

show the attempts by the governor and council to 
obtain the records from Rawson: 

At a Councill held in Boston New England on Wednesday the 
Eight day of December 1686 

Present 
The Hon^'^ Joseph Dudley Esq"". President 
William Stoughton John Usher 

Wait Winthrope Barth^ Gedney 

Richard Wharton Jonath". Tyng. 

Edw^i. Randolph. 
Ordered That Wait Winthrop Esq*", Simon Lynd Esq"", Benj*^ 
Bullivant, M"" Isaack Addington and M*" Daniel Allen be a 
Com*®® yyth ^jjg Secry to receive & sort and form the Records of 
the Country (now in the hands of M*" Edward Rawson late Secrv) 
that so they may be apt and ready for Service, and that the per- 
sons above named be all sworn to the faithfull discharge of their 
trust in this matter, and to the end it may be forthwith pro- 
ceeded in, M*" Lynd and M*" Bullivant are Impowred and hereby 
Ordered to take the Same from M"" Rawson to morrow, and re- 
move them in the posture they are now in, into the Library 
Chamber and that there go forth a Strict Warrant to M"" Rawson 
to deliver them accordingly, and it is further Ordered That two 
Locks be put upon the Office where such papers shall be Lodged, 
and that M'' Bullivant or such other person as M"" Randolph shall 
depute to that Service, shall keep the Key of one of the Locks 
and Cap*. Winthrop M'". Lynde or M'' Addington the other. / 

Of a Councill held at the Councill Chamber in Boston y® 3*^ 
day of february 1687, the record is — 

Present 
His Excye S"" Edmund Andros Kn &c: 



Joseph Dudley' 
W" Stoughton 
Rob* Mason 
Tho: Hinckley 
John Usher 
Barth : Gidney ^ 



John Hincks 
Nath: Clarke 
Edw'i Randolph 
^ ffranc: Nicholson 

Sam^' Shrimpton 
W™ Browne 
[ 112 ] 



> Esqrs 




CV ir GcJiuuikI • -in V/t'c) 



Old Boston Town House 

Forasmuch as the severall Orders formerly made for taking an 
account of the publiq Records of the late Massathusetts Collony 
have not beene attended that the same might be putt into the 
Secryes Custody and all persons have recourse to them as Occa- 
sion Ordered that M"" Jsaac Addington and W John Herbert 
Coward be and are hereby desired and authorized in the presence 
of M'" Edward Randolph Secry and M"" Edward Rawson the late 
Secry or some one in his behalfe to take an account in writeing 
of all the said Records and that they beginn the same on Tues- 
day next and continue day by day about the same till compleated 
and that then all the said Records be delivered into the hands and 
Custody of the said Secry and the account thereof by them taken 
forthwith returned to this board under their hands. 
Bi/ Order in Councill ^c 

John West D Secry 

Feb''y 1687. Accompt of what time was expended by the Comit- 
tee in overlooking Sorting and disposing into their proper places 
the Bookes Files Papers &c. belonging to the Publique Records 
of the late Massathusetts Colony, In pursuance of an Order from 
his Ex<^y. in Councill dat^. 3^ fFeb''^. 1687. 
Being Seven dayes in attendance upon the-| 
said worke and drawing forth a List & I £3:00:00 
Accompt thereof J 

This humbly referred to yo"". Ex^^ in Councill 

By yo^ Ex<^y^. most humble Servants 
Is* Addington 
Jno. Herbt. Coward 

At a meeting of the Councill on Thursday the 4*^ of February 
1686./7 

Present 
His Ex'^e S^ Edmond Andros Kn* Governour 
Joseph Dudley ^ Richard Wharton ^ 

William Stoughton John Usher 

Walter Clarke [Esq" John Walley & f E^^" 

Wait Winthrop J Edward Randolph j 

[ 113 ] 



The Story of the 

Whereas by an Order of the late President & Councill dated the 
8*^^ day of December last It was ordered That Wait Winthrop, 
Simon Lynds Esq'^ Benjamin Bulliuent, M"". Isaac Addington, & 
M"". Daniel Allin be a Com*®® with the Secretary to receiue sort 
and form the Records of the Country (now in the hands of M*". 
Rawson, late Secretary,) that they may be ready for Seruice, En- 
joy ning the s*^. Com*®® to be Sworn for the faithfull discharge of 
their trust inpowering, & ordering, M''. Lynd & M''. Bulliuent to 
take the same from M'". Rawson, the next day following, & to 
remoue the same, (in the posture they find them) into the Liber- 
ary Chamber. — In pursuance whereof it is hereby Ordered That 
the s'*. Com*®®, do forthwith enter upon the effectual execusion 
thereof, bringing them to ye Office provided for them & Mr 
Rawson late Secry to b assisting in Sorting & disposing them ac- 
cordingly./. 

The committee rendered their account for their ser- 
vices, and also rendered the following account, the 
original of which is in the Massachusetts Archives, for 
their sustenance while engaged in the work : 

To Sundries att y® Town house by order of M"" Randall Eqr. 
ffeb:y®9 1687 

To Bread and Sidor 

To a hand of Porke and turnupes 

To a Loyne off uealle 

ditto to Siddor and bread 
12 to alle and bread 
17 to alle and bread 

to bread and alle 

y®Sum 00 09 09 

p'" George Monck 
Feb'-y. 1687. 

Rawson finally gave up the records to the new gov- 
ernment, as appears by the following council record 
from the archives: 

[ 114] 



£ 


s 


d 


00 


01 


10 


00 


02 


00 


00 


03 


00 


00 


00 


07 


00 


00 


08 


00 


00 


08 


00 


01 


00 



Old Boston Town House 

Att a Councill held att y*' Councill Chamber in Boston on tues- 
day ye 6*^ day of March 1687 p'Sent 

His Excelly. S"" Edni^. Andros Kn*: &c 



Joseph Dudley 
W™. Stoughton 
Jno. Winthrop 
Waite Winthrop 
Jn**. Usher 



Jn'* Lathrop 
Nath" Clarke 
Esq''s Rich^. Arnold 
Edw*i Randolph 
ffranc Nicholson J 



Esq''s. 



Upon Reading this day in Councill y® Reporte made by Edw^ 
Randolph Secry Edw'^ Rawson Jsaack Addington & Jn^. Her- 
bert Coward togather with ye account by them taken of ye pub- 
lique Records of ye late Massethusett Collony — pursuant to an 
Ord"" of this Board beareing Date y^ S'^ of ffebruary past Or- 
dered that ye s^ Records be forthwith taken into ye Custody & 
Charge of y^ Secry & Kept with ye other Records of this Domin- 
ion in the Secrys office where all psons may have recourse to them 
as occasion & that ye Key heitherto Kept by M"". Rawson of ye 
place where y^ sd Records are be forthwith deliuered to ye sd 

^^^^y- By Ord^ in Councill 

On March 5, 1687, Sewall notes : "The Massachusetts 
Books and Papers are fetcht away from Mr. Rawson's 
to the Town-House by Mr. Lynde and BuUivant." 

Later, under the Andros government, the following 
order was made for the bringing of the records from 
Plymouth, New Hampshire, and other parts of the 
Province to Boston, and placing them in the Town 
House, or, as it was called under that government, the 
"Council House." 

Att a Councill held att the Councill Chamber in Boston on 
Wednesday the 25*^ day of May 1687. 

Ordered: That all publicque Records in the last Governments 
now annexed under this Dominion be brought to this Towne 
and putt into the Custody of the Secr^^ or his Dep*^. 

[ 115] 



The Story of the 

Upon the overthrow of the Andros government in 
1689 the provisional government, under Bradstreet and 
the Council for the Safety of the People and Conserva- 
tion of the Peace, took possession of the records, which 
were in the secretary's office under the Town House. 

On April 23 the following order was passed: 

Boston ^S^ April 1 689 At the Council for the Safety of the Peo- 
ple and Conservation of the Peace 

Ordered that M"" Peter Sergeant, M"" John Eyre, M"" Adam 
Winthi'op, and M'' John Foster be and are appointed a Comittee 
to overlook and take an Ace** of the publick records and papers 
now under Seisure to make their Report to the Council. 

On April 26, 1689, the following order was passed: 

Boston 26*^ Aprill689 At the Council for the Safety of the Peo- 
ple and Conservation of the Peace 

Ordered, that the public Office and Writings under the town 
House late in thekeeping of Tho^ Dudley be and are Comitted unto 
the present care and charge of Isaac Addington, & M*". Peter Ser- 
gent, M"" Nath Oliver and M"" John Eyre, (appointed a Comittee 
to inspect the publick writings) are desired to Supervise, and Over 
look the Records and papers in that Office in what Order they are. 

Later in 1689, John West, who had been secretary 
under the Andros government, claimed that his pri- 
vate papers were mingled with those of the Colony and 
had been seized with them, and asked that his pa- 
pers be returned to him, and the following order for 
that purpose was then passed : 

At the Convention of the Govern'', and Council, and Repre- 
sentatives of the Massachuset Colony, in Boston, Tuesday the 
third of December 1689 convened by Order of the Govern: and 
Council upon the Arrival of a Ship from London. 

[116 ] 



Old Boston Town House 

[December] 14*^ [1689]. 

Jn Answer to the Motion of M"" John West, M"" Peter Sergeant 
M"" John Foster, M"" Adam Winthrop, and M"" John Eyre (the 
Comittee formerly appointed to overlook and take an Accompt 
of the Publick records, Book's, and papers seized in the Secretary's 
Office upon the Revolution) are desired and Appointed to revise, 
and examine the Said Book's papers, and Writings and to make 
a list of any that do belong to M"" Wests private, & particular 
concerns, and to Seperate the Same, making their report thereof 
to the Council, that they may be returned to S^ M'" West. This 
Past by the Council. 

The records and papers in the Town House, which 
were taken into the possession of the provisional or 
Brad street government, upon the overthrow of the 
Andros government in 1689, doubtless included re- 
cords and papers which Andros had taken from the 
other colonies and placed in the Town House, or, as he 
termed it, the Council House. The greater part of these, 
if not all of them, were from time to time returned to 
those colonies upon their application to the provisional 
and succeeding government, but the JNIassachusetts 
Colony records and papers and some of the records and 
papers of the Andros government, and the town re- 
cords and papers remained in the Town House until 
its destruction by fire in 1711. After the construction 
of the new Town House, or, as it is now called, the Old 
State House, in 1713, such of these records and papers 
as were not destroyed in the fire of 1711 were doubt- 
less placed in that building, and the subsequent town 
and colony records kept there. In 1747 this building 
was also burned, and some of the records and public 
papers in it destroyed. The next year, however, the 

[ 117 ] 



Old Boston Town House 

building was restored and again occupied by the town 
and Colony, and then by the town and the Common- 
wealth, until the new State House on Beacon Hill was 
built and opened for use in January, 1798. At that 
time the town meetings had come to be held in Fan- 
euil Hall and the courts in the Court House on Court 
Street. The colony and court records and papers were 
after a time transferred to the new State House and be- 
came a part of the Massachusetts Archives, so called. 
The town records remained for a long time in the 
upper part of the old State House, and many of them 
were lost or taken away without right; but finally the 
remainder were removed to the City Hall erected on 
School Street in 1840, and furnish much of the valua- 
ble material which has been printed in the Boston 
Record Commissioners Reports. 



[118] 



Use of the Town House for a 
Public Library 

BEFORE we enter upon the recital of the poHtical 
and reUgious dissensions which were waged in the 
Town House, it is pleasant to turn to one use of it of 
a more peaceful nature. 

In this day of free public library expansion, it is in- 
teresting to note that Captain Keayne's will in 1653 
provided for the first free public library in America, to 
be kept in the Boston Town House. Indeed, the will 
shows that this hbrary was one of the chief purposes 
which he desired to be accompKshed by his bequest. 
He first mentions it in connection with the use of the 
building for the courts as "a convenient roome for a 
Library," then "as for a Library & for a Gallere or 
Long Roome for the De vines & SchoUers to meete & 
conferr togeather," &c. Later on, after providing for 
partial payments of his legacy as the construction of 
the Town House progressed, he said: 

Next, the Library & Gallere for Devines & Schollers to meete 
in being finished I give and bequeath to the beginning of that 
Library my S great writing bookes w"^^ are intended as an Ex- 
position or Interpretation of the whole Bible, as also a 4th great 
writing booke in which is an exposition on the Prophecy of Da- 
niel of the Revelations & the Prophecy of Hosea not long since 
began, all which Bookes are written with my owne hand so farr 
as they be writt & could desier that some able scholler or two 
that is active and dilligent & addicted to reading and writing 
were ordered to cany on the same worke by degrees as they have 
leasure and opportunitie & in the same methode and way as I 
have begun (if a better be not advised to) at least if it shalbe 

[ 119] 



The Story of the 

esteemed for the profitt of it to young students (though not so 
to more able and learned Devines in these knowing times) worth 
the labo"" as I have & doe finde it to my selfe worth all the paines 
& labour I have bestowed upon them, so that if I had lOO^*' layd 
me downe for them, to deprive me of them, till my sight or life 
should be taken from me I should not part from them. 

Then near the close of the will he said : 

And concerning my bookes that I have given to begin the 
Library with all in Boston, my will is that my brother Willson 
& M'" Norton Eld""^ at Boston or the teaching Eld-"^ that shall at 
the time of my death (after my wife and son Benjamine have made 
choyce of some bookes for theire owne use as I have before ex- 
pressed) may be requested to take paines to view over the rest 
of my bookes & such as they shall judge fitt for that use to take 
a pticul"" note or inventory of them & so to take them into there 
owne keeping or to leave them with my executo*" if they will, till 
the time mentioned in this will be accomplished, that if the towne 
of Boston should not within three yeares after my death build a 
handsome roome for a Library & anoth'' for the Eld""^ and SchoU''^ 
to walke & meete in, as before I have expressed, that then they 
may be delivered to the President or some of the Overseers of 
Herbert Collidge in Cambridge to be placed as my gift or addi- 
tion to that Library that is already begun there. 

But the "handsome roome for a Library" was pro- 
vided in the Town House, and Captain Keayne's books 
were doubtless placed in it as the nucleus of a public 
library. Additional books appear to have been given to 
the library from time to time by other persons. 

In 1673 Rev. John Oxenbridge of Cambridge, by 
his last will, which is now in the possession of the Pub- 
lic Library of the City of Boston in the manuscripts of 
the collection of the Rev. John Prince, gave "to the 
publick Library in Boston or elsewhere as my Execu- 
trix and OverSeers shall judge best Augustins workes 

[ 120 ] 



Old Boston Town House 

in 6 volum's, the Century's in 8 volum's,"* the Cata- 
logue of Oxford Library Trithemius catalogue of Ec- 
clesiastick writers, also Parens workes in 2 volumns, 
Peneda upon Job in 2 volumns, Euclids Geometry 
Willet on Leviticus, Davenant on the Colossians, Pe- 
miles (?) workeSjt Epit. of Centurian in 2 volum." 

The colonists doubtless had books for public use to 
a limited extent, at least, before the Library in the 
Town House was established. It appears by the re- 
cords of the Colony that on April 13, 1629, books were 
given to them. The record is as follows : 

This day notice was given that Mr. Will™ Backhouse had 
freely bestowed upon this Company to send for New England 
these books following, for wch thankes was given by the Governor 
and those present to the said Mr. Backhouse in the Companies 
behalfe. 

The English Bible in folio of the last print: 

The Booke of Common Prayer: 

Aynsworth's Works in folio: 

Bishop Babingtons Works: 

Calvins Institutions: 

Fotherby against Atheists: 

Malderott upon St. Johns Gospel: 

A booke called The French Country Farme. 

These books may have been a part of the collection 
subsequently placed in the Town House, though I 
think it improbable, as this collection was not gathered 
until nearly thirty years after they were given. It is to 
be noted that the Book of Common Prayer mentioned 
in this list was never used. Hutchinson says: "I find 
a Common Prayer Book among the list of books pre- 

* The Centuriae Magdehurgeifises. 

t Possibly the Workes of William Pemble, 1659. 

[ 121 ] 



The Story of the 

sented by William Backhouse for the use of the minis- 
ters, but it was never made use of in any church." 

It appears upon the records of the town that money 
was expended upon the library. On August 2, 1683, 
it was voted by the selectmen as follows : 

Giuen David Edwards an ord*" vnd'' y® select mens hands to 
receaue of Elder John Wiswall & Docf Elisha Cooke, 34^^'^. 4^ 
in mony for severall things he brought from England for y*^ vse 
of the Library, by order of Cap*^ Brattle Si is in pte of a greate 
sume due from them, for Cap*. Rob'^. Keynes legacie to y® vse of 
s^ Library, as apeares fol. 47. 

On March 11, 1695, it was voted by the town "that 
the bookes of the Register of Birthes and deathes in 
the Town of Boston shall be demanded by the Select 
men in whose hands soever they be and that all Bookes 
or Other things belonging to the Library and all the 
goods or Estate belonging to the Town be demanded 
and Taken care of by the Select men." 

The town records have few references to the books 
of the library, but that there came to be a considerable 
collection of them appears from an order of the select- 
men on August 31, 1702, that "M^ John Barnerd 
jun*" be desired to make a Cattalogue of all the bookes 
belonging to the Towns Liberary and to Lodge the 
Same in y^ s*^. Liberary;" and an order of the select- 
men on February 28, 1704, that "M^ John Barnerd, 
jun^, haveing at the request of the Select men Set the 
Towns Liberary in good order, he is allowed for S*^. Ser- 
vice two of those bookes of wh'^^ there are in y® S^. Li- 
berary two of a Sort." It is not likely that this was 
a circulating library. Its books were probably used as 

[ 122 ] 



Old Boston Town House 

a rule in the Town House. After the fire by which the 
Town House was destroyed the following advertise- 
ment appeared, on June 8, 1713, in the "Boston News 

Letter:" 

Advertisements. 

All Persons that have in their keeping, or can give notice of 
any of the Town Library ; or other things belonging to the Town 
House in Boston, before the late Fire : are desired to inform the 
Treasurer of the said Town thereof, in order to their being re- 
turned. 

The first volumn of Pool's Annotations was carryed away in 
the late Fire in Boston ; any Person that has it, or any other 
Books, carry'd away at that time, or any other Goods, are desii-ed 
to bring them to the Post Office, that the tme Owners may have 
them again. 

In a letter written some months after the burning 
of the Town House, Judge Sewall states that "in our 
Boston Library several valuable Books were lost, as 
the Polyglot Bible, the London Criticks, Thuanus's 
History, a Manuscript in two Folios left by Capt. Keyn 
the Founder; &:c." 

Doubtless all books in this first library, except such 
as may have been temporarily out for use, or have 
been secured at the time of the fire, were destroyed 
when the Town House was burned. One, however, pro- 
bably still exists. A copy of Samuel Mather's "Testi- 
mony of the Scriptures Against Idolatry and Supersti- 
tion" is in the possession of the Boston Athengeum. At 
the bottom of the title-page is written in a clear hand : 
"For the publice Library at Boston, 1674." It consists 
of two sermons. The full title of the first is: 

A Testimony from the Scripture against Idolatry and Super- 
stition in Two Sermons: Upon the Example of that Great Re- 

[ 123 ] 



The Story of the 

foimer Hezekiah. 2 Kings, 18, 4. The first witnessing in generall 
against all the Idols and Inventions of men in the Worship of 
God. The second, more particularly against the Ceremonies and 
some other Corruptions of the Church of England. Preached, the 
one September 27, the other Septmb. 30, 1660. By Mr. Samuel 
Mather, Teacher to a Church of Christ in Dublin in Ireland. 

1 Sam. 5, 3, J/.. "And when they of Ashdod arose early on the 
morrow, behold, Dagon was fallen upon his face to the earth be- 
fore the Ark of the Lord : and they took Dagon and set him up in 
his place again. 

"And when they rose early on the morrow morning, behold, 
Dagon was fallen upon his face to the ground before the Ark of 
the Lord, and the head of Dagon and both the palms of his hands 
were cut off upon the threshold, onely the stump of Dagon was 
left unto him." 

The title-page of the second sermon is : 
The Second Sermon Witnessing more particularly against the 
Ceremonies of the Chui'ch of England. The Text 2 Kings 18, ^, 
"And he removed the High Places and broke the Images and 
cut down the Groves, and brake in pieces the brazen Serpent, 
that Moses liad made, for unto these dayes the Children of Israel 
did burn Incense to it, and he called it Nehushtan." 

The main points of the second sermon are as follows : 

1. The Surplice; 2. The Sign of the Cross in Bap- 
tism ; 3. Kneeling at the Lord's Supper ; 4. Bowing to 
the Altar; 5. Bowing at the name of Jesus; 6. Popish 
holy dayes ; 7. The Holiness of places ; 8. The Organs, or 
Cathedral Musick; 9. The Booke of Common Prayer; 
10. Prelacy, or Church Government by Bishops. 

It is said that other books than this one are still in 
existence with the mark of the Boston Library before 
1700 upon them, but I have not as yet found them, or 
discovered any accurate information as to them. 

This collection of books in the Public Library of 

[ 124 ] 



Old Boston Town House 

Boston in the Town House must not be confounded 
with the collection of books in the Library of Boston 
belonging to King's Chapel, and now in the custody 
of the Boston Athenaeum. These books were given 
to King's Chapel by King William, in 1698, and con- 
sisted of ninety-two folios, eighteen quartos and ninety 
smaller books. It has been said that this was the only 
collection of books not of private ownership in New 
England at that time, except the library of Harvard 
College. But it is evident that there was at that time 
a considerable collection in the Public Library of Bos- 
ton in the Town House. 

A catalogue of the books in the King's Chapel li- 
brary is printed in the Proceedings of the Massachu- 
setts Historical Society, 1881. This collection was 
partly scattered and lost in the Revolution, and in 
1824 the volumes remaining were deposited with the 
Boston Athenaeum, where they now are. Of these, fif- 
teen volumes, all theological, still exist there, and have 
stamped upon their covers in gilt letters : 



BELONGING . TO . Y . LIBRA- 
RY . OF . BOSTON . IN . 
NEW . ENGLAND. 



It is quite certain, however, that these books never 
formed any part of the Public Library at Boston, 
which was kept in the Town House. 

[ 125 ] 



Old Boston Town House 

The spacious second-floor room at the east end of 
the Town House, which Captain Keayne foresaw as 
"a Gallere for the Eld"^^ & Schol^^ to walke & meet 
in," was not destined to serve only as a peaceful retreat 
for the students and divines of the Colony. In it were 
waged two of the bitterest conflicts of the years which 
were preparing the way for the Revolution. It was in 
this room that "President" Dudley first instituted 
the worship of God as set forth by the Church of 
England in the Book of Common Prayer; and from 
the "presse" in this room was doubtless brought the 
precious Charter of the Colony when, in 1664, the 
General Court, fearing that it might fall into the hands 
of the commissioners, appointed four trustworthy per- 
sons "to keepe safe and secret the said patent" and "to 
dispose thereof as maybe most safe for the country." 
Of these two conflicts, of which the "scholars" library 
was the scene, a full account is given in the later con- 
sideration of the colonial history enacted in the Town 
House. 



[ 126 ] 



Use of the Town House as a 
Place of Worship 

THE Town House was the place where worship 
was first had in Boston according to the rites and 
ceremonies of the Church of England. Its use for this 
purpose is an interesting event in the long controversy 
between the Puritan Congregationalists, who would 
tolerate no worship in the Colony, except after their 
own fashion and in their own meeting-houses, and the 
Episcopalians, who wished to worship according to the 
liturgy of the English Church. The intense objection 
of the Puritans to this form of worship does not ap- 
pear to have existed when the Colony was planted. 

When Winthrop and his friends left England they 
did not intend to give up their connection with the 
English Church. On the contrary, in April, 1630, they 
wrote to the Fathers and their brethren in the Church 
of England, saying: "We desire you would be pleased 
to take notice of the principals and body of our com- 
pany as those who esteem it our honor to call the 
Church of England, from which we rise, our dear mo- 
ther and we cannot part from our native country, where 
she specially resideth, without much sadness of heart, 
and tears in our eyes, ever acknowledging that such 
hope and part as we have obtained in the common sal- 
vation, we have received it in her bosom, and suckt it 
from her breasts." Winthrop himself owned a Book of 
Common Prayer and a Life of the Virgin Mary, both 
of which he gave with his books, forty in number, to 
Harvard College. But in less than ten years even Win- 

[ 127 ] 



The Story of the 

throp's grateful and tolerant spirit gave way to vigor- 
ous repression of any attempt to use the liturgy of the 
Prayer Book in the Colony. 

The men who had come to the new continent in pur- 
suit of religious liberty soon passed laws forbidding the 
erection of a house where God might be worshipped in 
any other way than that approved by them. The penalty 
for meeting more than three times for such worship was 
the forfeiture of the land and the house where such 
meeting was held. An Act of May, 1679, runs thus: 

Forasmuch as it hath too often hapned, that, through dif- 
ferences arising in seuerall tounes on other pretences, there hath 
been attempts by some persons to errect new meeting houses, al- 
though on pretence of the publick worship of God on the Lords 
dayes, yet thereby laying a foundation (if not for schisme and 
seduction to erro*" & haeresies) for perpetuating divissions & 
weakning such places where they dwell in the comfortable support 
of the ministry orderly settled amongst them, for prevention 
whereof for the future, it is ordered by this Court and the au- 
thority thereof, that no persons whatsoeuer, w^'^out the consent 
of the freemen of the toune where they line first orderly had & 
obteyned at a publick meeting assembled for that end, and li- 
cence of the County Court, or, in defect of such consent & license, 
by the speciall order of the Gennerall Court, shall errect or make 
vse of any house as aboue sajd; and in case any person or per- 
sons shall be conuicted of transgressing this lawe, euery such 
house or houses wherein such persons shall so meet more than 
three times, with the land whereon such house or houses stand, 
and all private wayes leading thereto, shall be forfeited to the 
vse of the county, and disposed of by the county Tresurer by 
sale or demollishing, as the Court that gaue judgment in the case 
shall order. 

One of the principal complaints against the Puritan 
government under the Charter was their religious in- 

[ 128 ] 



Old Boston Town House 

tolerance, and especially their refusal to permit worship 
according to the forms and ritual of the Church of 
England. When pressed by the Crown to permit the 
use of the Book of Common Prayer, they declined to 
do so, saying: 

Concerning the vse of the Cofhon Prayer BooJce. 
Our humble addresses to his maj*^ haue fully declared our 
majne ends in our being voluntary exiles from our deare native 
country, which wee had not chosen at so deare a rate, could wee 
haue scene the word of God, warranting us to performe our de- 
votions in that way, & to haue the same set vp here: wee con- 
ceive it is apparent that it will disturbe our peace in our present 
enjoyments. 

Not only were persons forbidden to choose their own 
way of worship, but they were compelled to attend 
upon public worship as estabhshed by the government, 
each Lord's Day and on all Fast Days and Thanks- 
giving Days. In 1646 the following order was passed: 

Wherever the Ministry of the Word is Established, according 
to the Order of the Gospel throughout this Jurisdiction ; Every 
person shall duely resort and attend thereunto respectively on 
the Lords dayes, and upon such publick Fast dayes, and dayes of 
Thanksgiving, as are to be generally observed by appointment 
of Authority. And if any person within this Jurisdiction shall 
without just and necessary cause, withdraw himself from the pub- 
lick Ministry of the Word, after due means of conviction used, 
he shall forfeit for his absence from every such publick meeting 
Jive shillings. And all such offences may be heard and determined 
from time to time, by any one or more Magistrates. 

This was tyranny equalled only by the Act of the 
Cromwellian Parliament making it a crime to use the 
service of the Book of Common Prayer even in private 
devotions, and caused constant disturbance in the 



The Story of the 

Another of the persistent controversies in the Colony 
between EpiscopaHan and Puritan was over the ques- 
tion whether marriages might be solemnized by clergy- 
men, and especially by clergymen of the Church of 
England. The Puritans regarded marriage as a civil con- 
tract with which the Church ought to have nothing to 
do, and enforced this view by law. The colony law of 
1646 provided that "No person whatsoever in this juris- 
diction shall joyne any persons together in Marriage, 
but the Magistrate or such other as the General Court 
or the Court of Assistants shall Authorize in such place 
where no Magistrate is near. Nor shall any joyne them- 
selves in Marriage but before some Magistrate or per- 
son Authorized as aforesaid."* 

But when the Charter was vacated and Dudley arrived 
from England in 1686, with the English clergyman 
RatclifFe in his company, he lost no time in asserting the 
right of the Church to perform the marriage ceremony. 
Only three days after the first Prayer Book service was 
held, the first marriage by a duly accredited minister of 
the English Church was solemnized in Massachusetts, 
and service was held in the Town House. The sharp- 
eyed Puritan, Judge Sewall, says of this under date of 
May 18, 1686: "A great Wedding from Milton, and 
are married by Mr. Randolph's Chaplain, at Mr. Shrimp- 
ton's, according to the Service-Book, a little after noon, 
when Prayer was had at the Town-House." 

* Colony Laws, 1672, Whitmore Ed., p. 102. 

Province Laws, 1693-3, Ch. 25; 1695-6, Ch. 2; 1716, Ch. 16; 1772-3, Ch. 230. 
Ch. 3, Laws 1786 ; Ch. 141, Laws 1818 ; Ch. 55, Laws 1820 ; Ch. 172, Laws 1834. 
In this last Act the words "who has been ordained according to the usage of 
his denomination " are first found. 

[ 130 ] 



Old Boston Town House 

Eleven days later a proclamation was made, giving 
all ministers the right to solemnize marriage, and for- 
bidding any other persons to do so without a licence 
from the president, as follows : 

At a Council! held in Boston in New England on May the 

29^^ 1686. 

rresent. 

The Hon^^^ Joseph Dudley Esq'"^ President. 

a Proclamation published, impow'ring the severall Ministers 
and Justices of the peace in his Maj^^^ territory to consumate 
marriage, and no other persons without Licence from the Presi- 
dent or his Deputy, and entred with the Secretary before mar- 
riage. 

This was the only order, vote, or proclamation re- 
garding the solemnization of marriages found in the 
Archives from 1686 to 1689. It is noted by Hutchinson, 
and Foote, in his "Annals of King's Chapel," speaks of 
it, but dates it INIay 26 instead of May 29. 

Under the Andros government, a curious custom 
obtained by which the prospective bridegroom or his 
friends were obliged to give bonds with sureties to the 
governor, "to be forfeited in case there should be any 
lawful impediment" and to secure him against "all 
trouble which may or shall any wayes arise" by reason 
of granting a licence to marry. The following are copies 
of some of these bonds now in the Massachusetts 
Archives : 

Know all men by these p'sents That Wee George Henly, Tal- 
low Chandler, and John Higgs Clothworther both of Boston in 
HisMa*y^ Territory and Dominion of New Engld are iirmly bound 
unto Edward Randolph Esq"" Secry of his Ma^^^ sd Territory 

[131 ] 



The Story of the 

and Dominion in the sume of fifty pounds currant mony of New 
England to w*^'* payment well and truly to be made We bind 
our selves joyntly & severally, Our heires Executors Adm""^ & 
assignes firmly by these p''sents. Wittness our hands and Seals 
this 29*'^ of Decemb*" 1686 in the Second year of his Ma*^^. Reigne. 
The Condicon of the above Obligacon is Such, That If the 
above-bound George Henly and John Higgs shall Sufficiently 
keep and Same harmless the aforesaid Edward Randolph Esq*", 
from all troubls which may or shall any wayes arise by the Said 
Edward Randolphs Granting a License to James Berry and Eliza- 
beth Carwithen (both of Boston aforesd to be joynd in matri- 
mony, that then this obligacon to be Void otherwise to remaine 
in full forc[e] and Virtue. 

Signed, Sealed & deliverdl George henly 

in y® p'sence of us J John Higgs 

Josh. Brodbent 
John Clarke. 

Know all men by these p^^sents That wee John Jacob of Boston 
Merchant and Hudson Leverett of Boston Getleman — are 
holden & stand firmely bound vnto his Excellency S'' Edmund 
Andros Kn*^ Capt Grail and Governo'" in Cheife of his Ma*'^^ 
Territory & Dominion of New England &c In the penall suine of 
Two Hundred pounds New England money to be paid to the said 
S"" Edmund Andros Or his Certeyne Attourney Exec's or admin^'s 
For the w^^ payment well & truly to be made wee bind Our selves 
& each of vs Our heires Exe''s and admin''s Joyntly & seually for 
& in the whole firmely by these p'"sents Dated the sixth day of Oc- 
tober Annoq Dni 1687 Anno R Rs Jacobi Secdi nunc Angl" &c^. 

The Condicon of this Obligacon is such That if hereafter there 
shall not appeare any LawfuU Lett or Impediment by reason 
of any p"^ contract Consanguinity Affinity or any other Lawfull 
meanes whatsoeu but that the abovesaid John Jacob and Susan- 
nah Lendall of Boston Widdow may Lawfully Solemnize Mar- 
riage Togeather and in the same afterwards Lawfully remaine & 
Continue like man and wife According; to the Lawes in that be- 



't) 



[ 132 ] 



Old Boston Town House 

halfe provided That then the above written Obligacon to be void 
& of none Effect or else to Stand & reraaine in full force k vertue. / 
Signed sealed and Deliued John Jacob 

in the p^'sence of./ Hudson Leverett 

J** BONAMY 

P Heyman 

Know all men by these p^'sents That Wee John Price of Water- 
town and Mary Price of the Same Towne in his Ma^^ Dom : of 
New Engld are firmly bound in the Sume of fifty Pound mony 
of New England to his Ex^^ S^ Edmond Andros Kn*. Gov^ of 
his Ma^ Dom. afores^^. to which paym*. Well and truly to be 
made We bind Our selves joyntly and Severally Our heirs Exe- 
cuto''^ Adm''^ and Assigns firmly by these p'"sents. Witness our 
hands and Seals this twenty Ninth of March 1686 
The Condicon of this Obligacon is Such y* if the above bound 
John Price and Mary Price shall sufficiently Save and keep harm- 
less the afores*^. S*" Edm'^. Andros from all manner of trouble or 
mollestacon w^h may or shall hereafter happen by the sd S"". Ed- 
mond Andros's granting a License for marriage to James Knap 
and Mary Clayf. of Watertown afores'i. then this Obligacon to 
be void otherwise to Remaine in force and Virtue. / 

his 
signed sealed & deliv**. John x Price 

in the p'sence of us. Marke 

her 

Mary x Price 

marke 

Know all men by these pi'sents That wee Thomas Whiteing of 
the Island of Jamaice Marriner and Marke Sandford of Boston 
Marriner are holden and stand firmely bound vnto his Excel- 
lency S-" Edm<i Andros Kn* Cap* Grail & Govemour in Cheife 
vnd"" his most sacred Majestie James the second King of Eng- 
land 8i& In & over the Territory & Dominion of New England 
in 200 1^ Currant money of New England afores^^ to be paid to his 
s<i Excellency S"" Edmund Andi-os his Exec"'s Admin^'s or assignes 

[ 133 ] 



The Story of the 

To w*^^ paym* well truly to be made Wee bind our selves & 
each of us Our & each of our heires Exec^'s Administrato'^s & as- 
signes Joyntly & seually for & in the whole firmely by these 
p^'sents Sealed with our seales Dated the Seaven & Twentieth day 
of December Anno Dni 1678 Annoq R Rs Jac° Secdi nunc An- 
glia &c* tertio./ 

The Condicon of this Obligation is Such That if hereafter there 
shall not appeare any Lawfull Lett or Impediment by reason of any 
p'' contract Consanguinity Affinity or any other Lawfull meanes 
whatsoever but that the above said Thomas Whiteing and Mary 
Hony well of Boston Spinster may Lawfully Solemnize Marriage 
togeather and in the Same afterwards Lawfully remaine and Con- 
tinue Like man and wife According to the Lawes in that be- 
halfe Provided That then the above written Obligation to be 
void and of none Effect or else to stand and remaine in full force 
& vertue./ 

Signed Sealed and Deliued in Thos: Whyteing 

the p^'sence of vs./ Mark Sandford 

Abr Smith 
Peter Heyman 

The only Episcopal minister in the Colony was Rat- 
clifFe. It may be surmised that the Puritans had no 
mind to pay money to one whose services were so hate- 
ful to them. Randolph wrote to the Bishop of London 
suggesting that the maintenance of the ministers — 
meaning of course the ministers of the Church of Eng- 
land — would be helped by a provision that "no mar- 
riages shall hereafter be allowed lawful but such as 
are made by the ministers of the Church of England." 
That ingenious device, however, came to naught. 

In 1692 the General Court acted upon the matter 
of solemnizing marriages by providing that every jus- 
tice of the peace within the county where he resided, 
and every settled minister within the town where he 

[ 134 ] 



Old Boston Town House 

was settled, might solemnize marriages, and should 

keep a register thereof. The strict Puritans objected to 

this, believing that ministers should have nothing to 

do with the matter. Sewall makes the following quaint 

and sour entry with regard to the passage of this Act, 

on November 4, 1692: 

Law passes for Justices and Ministers Marrying persons. By 
order of the Comittee, I had drawn up a Bill for Justices and such 
others as the Assembly should appoint to marry : but (it) came 
new-drawn and thus alter'd from the Deputies. It seems they 
count the respect of it too much to be left any longer with the 
Magistrate. And Salaries are not spoken of; as if one sort of Men 
might live on the Aer. They are treated like a kind of useless, 
worthless folk. 

It may be noted here again that the question of the 

legality of marriage to a deceased wife's sister arose in 

the Colony, and Sewall's "Diary" gives an account of 

the summary settlement of it as follows : 

Friday, June 14, (1695) The Bill against Incest was passed 
with the Deputies, four and twenty Nos, and seven and twenty 
Yeas. The Ministers gave in their Arguments yesterday in Writ- 
ing; else it had hardly gon, because several have married their 
wives sisters, and the Deputies thought it hard to part them. 
'Twas concluded on the other hand, that not to part them, were 
to make the Law abortive, by begetting in people a conceipt that 
such Marriages were not against the Law of God. 

To return to the consideration of the process by which 
the Crown, after the revocation of the Charter, set up 
the worship of God according to the Prayer Book, 
we may note that the Colony of Massachusetts was 
claimed by the Bishop of London as a part of his dio- 
cese. Accordingly, he selected the Rev. Robert Rat- 
clifFe to go to Boston, and there establish the service 

[ 135 ] 



The Story of the 

which had been so vigorously opposed by the colonists, 
and the Privy Council recommended him to the peo- 
ple of the Colony for "a kinde entertainment and suit- 
able maintenance." 

Ratcliffe came to Boston in the frigate Rose with 
Dudley and Randolph, the arch-promoter of the de- 
struction of the Colony Charter. At this time Hutchin- 
son says: "There had been very few instances of even 
occasional assemblies for religious worship according to 
the rites and ceremonies of the Church of England for 
more than fifty years." The commissioners of 1665 had, 
indeed, had a chaplain ; but it does not appear that he 
ever officiated in the Colony, and his instructions from 
England were, if he should do so, not to wear his sur- 
plice. But the new president, Joseph Dudley, although 
he had been a Congregational minister in early life, 
had become a member of the Church of England and 
was afterwards an active vestryman of King's Chapel. 
On May 15, 1686, the next Sunday after the landing of 
the Rose, Ratcliffe preached in the Town House, or, 
as it had then become, the Council House, and "read 
Common-Prayer in his Surplice, which was so great a 
Novelty to the Bostonians that he had a very large 
Audience." 

Mr. Ratchffis at once took steps to procure a place 
where he might hold Episcopal services. His first plan 
seems to have been to obtain permission to hold ser- 
vices in one of the Congregational meeting-houses at 
hours when they were not in use for the services of 
their own congregations. There were then three meet- 
ing-houses, — the First Church, on the Corn-Hill, near 

[136] 



Old Boston Town House 

the Town House where the present Rogers Building 
now stands; the Second Church, opened in 1650, which 
stood at the head of North Square; and the South 
Church, opened in 1670, which stood where the pre- 
sent Old South Meeting-House now stands, at the cor- 
ner of Washington and Milk streets. But the ministers 
and parishioners worshipping in these churches re- 
garded service according to the forms of the Episcopal 
Church as profane, and stoutly refused to allow it in 
their meeting-houses upon any terms, and it was finally 
arranged that Mr. RatcHfFe might hold services in the 
Town House. Sewall notes in his diary: 

Wednesday, May 26. Mr. Ratcliffe, y« Minister, waits on y« 
Council; Mr. Mason and Randolph propose y* he may have one 
of y« 3 Houses to preach in. That is deny'd, and he is granted y« 
East end of y^ Town House, where y«^ Deputies used to meet; 
until those who desire his Ministry shall provide a fitter place. 

On May 30 Sewall again notes : 

My son reads to me in course y« 26*^ of Isaiah, — In that day 
shall ye Song, etc. And we sing y^ 141 Psalm both exceedingly 
suited to y^ day. Wherein thereis to be Worship according to y^ 
Chh of Engld as 'tis call'd, in y^ Town House by Countenance 
of Authority. Tis defer'd till y^ 6"^ of June at what time y« Pul- 
pit is provided ; it seems many crowded thether, and y ^ Ministers 
preached forenoon and Afternoon. Charles Lidget there. The pul- 
pit is movable, carried up and down stairs, as occasion serves. 

It was in the east end of the Town House, in the 
Library Chamber, that the liturgy of the Church of 
England was for the first time pubhcly read in Boston; 
and June 15, 1686, "the Church of England as by law 
estabUshed" was organized in Boston. This appears from 
the first record of that organization, which now con- 

[ 137 ] 



The Story of the 

stitutes the Church of King's Chapel. These records 
show that at the first meeting it was "Agreed, that 
Mr, Smith the Joyner do make 12 formes for the ser- 
vice of the Church." July 4, 1686, it was agreed that 
"Mr. Smith, the Joyn"^ doe make a readding table and 
Desk;" "that a Cushion be bought for y*' Pulpitt;" and 
that "there be a Sacrament the 2 Sabath in August 
next;" also, "That the prayers of y^ Church be said 
every Wednesday and Friday in the yeare, for the pre- 
sent, in the Library chamber in y^ town house in Bos- 
ton, and in the Summer Season to beginne at 7 of the 
Clock in the morneing, and in the Winter Season at 
9 of the Clock in the Forenoone." 

On August 8 the Sacrament of the Lord's Supper was 
celebrated in the Town House, and the records show 
that a collection was taken up amounting to £1 3^,, 
which is noted as "Cash rec'd at y® Sacrament." Sewall, 
observant of everything that took place, notes in his 
diary: "Sabbath-day, Aug* 8. 'Tis s*^ y® Sacramt of y* 
Lord's Super is administered at y® Town H." 

The Town House and the Library Chamber therein 
were thus put to a use which the pious Captain Keayne, 
who in his last will, by which he provided for its con- 
struction, "renownced all Popish & Prelaticall supersti- 
tions," and the others by whose bounty it was provided, 
certainly never contemplated and would undoubtedly 
have absolutely condemned. The following notes by 
Sewall show what then took place : 

August 5, 1686, Wm Harrison, the Bodies-maker, is buried, 
which is the first that I know of buried with the Common-Prayer 
Book in Boston. He was formerly Mr. Randolph's landlord. 

[ 1S8 ] 



Old Boston Town House 

Friday, Aug* 20, 1 was and am in great exercise about y^ Cross 
to be put into y^ Colours, and afraid if I should have a hand in't 
whether it may not hinder my Entrance into y^ Holy Land. 

Sepf 15. Mr. David Geffries man'ies Mrs. Betty Usher before 
Mr. RatcHffe. 

Friday, Nov*". 5, One Mr. Clark preaches at the Town-House. 
Speaks much against the Presbyterians in England and here. 

Satterday, Nov"". 6. One Robinson Esq""., that came from An- 
tego, is buried; first was had to the Town-House and set before 
the Pulpit, where Mr. Buckley preaches. The President and many 
others there. Common-Prayer used. 

Friday, Nov"". 12. Jn° Griffin is this week buried with the Comon- 
Prayer: Which is the third funeral of this sort, as far as I can 
learn. 

It is said that at this time there were several hundred 
persons in Boston who desired to worship according to 
the liturgy of the Church of England ; but however this 
may be, the Library Room doubtless afforded limited 
accommodation for such as desired to worship in that 
manner. Randolph, in a letter to the Archbishop of 
Canterbury in October, 1686, complains that the mem- 
bers of the Church of England were compelled to wor- 
ship in "a little room in their towne house but found it 
so straite " that they were forced to worship in the Ex- 
change, where, he says, "our minister preaches twice a 
day and baptises all that come to him, some infants, 
some adult persons ;" and adds, "We are now going to 
have praiers every Wednesday and Friday morning on 
their Exchange." 

Doubtless there was continual complaint that the 
Episcopalians were not permitted to hold services in 
either of the meeting-houses. Dudley, however, was a 

[ 139 ] 



The Story of the 

prudent, cautious man, and though himself then of the 
Church of England, did not deem it wise to force the 
people in such a matter. But being a royal governor 
Dudley did not suit the colonists, and being a prudent 
governor he did not suit the Crown. Accordingly, he 
was soon superseded by Sir Edmund Andros, who ar- 
rived in Boston on December 20, 1686, with a com- 
mission which authorized him to suppress all indepen- 
dence of the people. This he at once attempted to do. 

One of his first acts was to attempt to force the wor- 
ship of the Church of England into the meeting-houses 
of the Boston Puritans. On the day of his landing he 
spoke to the ministers of the churches in the Library 
Room of the Town House, to see if they would not 
permit the Church of England services to be conducted 
in one of the meeting-houses. 

Sewall notes: 

Monday, Dec''. 20. 1686. Governour Andros comes up in the 
Pinace, touches at the Castle, Lands at Gov"". Leverefs wharf 
about 2 P. M. where the President, &c. meet him and so march 
up through the Guards of the 8 Companyes to the Town House, 
where part of the Comission read: He hath power to suspend 
Councillors and to appoint others if the number be reduced to less 
than Seven. He and Council to make Laws. Then took the Oath 
of Allegiance as Governour, then about eight of the Council 
sworn. Court cleared. Governour stood with his Hat on when 
Oaths given to Councillours. It seems speaks to the Ministers in 
the Library about accommodation as to a Meeting-house (for 
church services), that might so contrive the time as one House 
might serve two Assemblies. 

It was then and there in the Library Chamber of the 
Boston Town House that the Cavalier and the Puritan 
again looked each other in the face with determined 

[ 140 ] 



Old Boston Town House 

and unrelenting enmity. Andros fitly represented the 
corrupt Stuart dynasty, and INIather and Willard and 
^layhew and Allen, ministers of Boston, the bigoted 
Puritanism of the plain people of New England. The 
ministers, however, asked time to consider the matter, 
and the course of events is shown by the following ex- 
tracts from Sewall's "Diary:" 

Tuesday, December 21, There is a Meeting at Mr. Allen's, of 
the Ministers and four of each Congregation, to consider what 
answer to give the Governour; and 'twas agreed that could not 
with a good conscience consent that our Meeting-Houses should 
be made use of for the Common-Prayer Worship. 

Dec'. 22. In the evening Mr. Mather and Willard thorowly 
discoursed his Excellency about the Meeting-Houses in great 
plainess, showing they could not consent. This was at his Lodg- 
ing at Madam Taylor's. He seems to say will not impose. 

Satterday, Dec"". 25. Governour goes to the Town-House to 
Service Forenoon and Afternoon, a Red-Coat going on his right 
hand and Capt. George on the left. Was not at Lecture on Thors- 
day. Shops open today generally and persons about their occasions. 
Some, but few. Carts at Town with wood, though the day exceed- 
ing fair and pleasant. Read in the morn the 46. and 47. of Isa., 
and at night Mr. Norton from Jn? 9. 3. Neither this Man nor his 
Parents. 

Services continued to be held in the Town House 
until the spring of 1687. Sewall notes on January 31, 
1687, there was service in the Town House, "respect- 
ing y^ beheading Charles y^ First," and the governor 
was there. Andros, however, was insistent that one of 
the meeting-houses should be used for the Episcopalian 
service, and finally sent for the keys of the South Meet- 
ing-house, where Judge Sewall worshipped. He records 
as follows: 

[ 141 J 



The Story of the 

Wednesday, March 23, The Governour sends Mr. Randolph 
for the Keys of our Meetinghouse, that may say Prayers there. 
Mr. Ehot, Frary, OHver, Savage, Davis and my Self wait on his 
Excellency, shew that the Land and House is ours, and that we 
can't consent to part with it to such use; exhibit an Extract of 
Mrs. Norton's Deed, and how 'twas built by particular persons, 
as Hull, Oliver, 100.£ apiece, &:c. 

Also that on 

Friday, March 25, 1687, The Governour has service in the 
South Meetinghouse. Goodm. Needham (the Sexton), though had 
resolved to the contrary, was prevailed upon to Ring the Bell and 
open the door at the Governour's Comand, one Smith and Hill, 
Joiner and Shoemaker, being very busy about it. 

Governor Andros's account of this matter was that 
he "borrowed" the meeting-house. He said: 

The Church of England being unprovided of a place for theyr 
publique worship, he did, by advice of the Councill, borrow 
the new meeting house in Boston, at such times as the same was 
unused, until they could provide otherwise ; & accordingly on Sun- 
days went in between eleven and twelve in the morning, and in 
the afternoone about fower; but understanding it gave offence, 
hastned the building of a Church, w*^'^ was effected at the charge 
of those of the Church of England, where the Chaplaine of the 
Souldiers p^formed divine service & preaching. 

Andros, having thus taken forcible possession of the 
South Meeting-house for the service of the Church of 
England, the Episcopalians ceased to use the Library 
Room in the Town House and worshipped in the South 
Meeting-house, against the objection of the owners of 
the building, during the remaining two years of An- 
dros's administration. This produced perpetual friction 
between the owners of the meeting-house and the gov- 
ernor and others who used it for Episcopalian services. 

The ministers and owners would not even allow the 

[ 142 ] 



Old Boston Town House 

bell to be tolled on Wednesdays or Fridays for the 
Church of England people to go to prayer, saying that 
it "entrenched" on their liberty of conscience so to do. 
The governor desired the town to aid in building 
a church for the Episcopalians, but it would not; and 
Sewall records an exciting interview with the governor 
on June 23, 1688, as to this refusal, and as to the dif- 
ficulties which arose by the Episcopalians having their 
service in the South Meeting-house. Further informa- 
tion as to this controversy will be found in Sewall's 
"Diary" (vol. i. p. 217) and Foote's "Annals of King's 
Chapel" (vol. i. p. 43 et seq.). 



[ 143 ] 



The Use of the Town House 

by the Colony Government under the 

Original Charter: 1659-1686 

WHEN the General Court began to use the Bos- 
ton Town House in 1659, the colonists were 
living in peace under their Charter, granted by Charles 
the First, on the fourth day of March, 1629, to "the 
Governor and Companie of Massachusetts Bay in New 
England." This Charter provided for a government by 
a governor, a deputy governor, and eighteen assist- 
ants, to be "from time to time constituted and chosen 
out of the freemen of the said companie," &c. By the 
law of the Colony, no man had any share in the gov- 
ernment, or any vote, unless he was a member of one 
of the churches. No church society could be gathered 
without the allowance of the magistrates consisting of 
and elected by members of the churches, and it was 
a crime to preach to a society not thus allowed. 

The Charter gave the government authority to hold 
each year "four general assemblies styled and called 
the foure great and general courts of the said Com- 
pany." It gave these courts authority "from tyme to 
tyme to make, ordain and establish all manner of whole- 
some and reasonable orders, laws, statutes, and ordi- 
nances, directions and instructions not contrary to the 
laws of this our realm of England." Under this Charter 
the governor, deputy governor, and assistants, with two 
persons deputed by the freemen of each town to repre- 
sent them in the General Court* and called "deputies," 

*This basis of representation was fixed in May, 1639, and continued until 

[ 145 ] 



The Story of the 

constituted the colony government when the Town 
House was completed in 1G59. At that time there were 
but fourteen assistants, while the Charter required 
eighteen. 

Up to this time the English government had paid 
but little attention to the puny Puritan colony on the 
sterile Massachusetts coast. Charles I had been exe- 
cuted, and Oliver Cromwell had succeeded him in rule 
as Lord Protector; but though there had been occa- 
sional claims that the colonists had assumed powers 
not given by the Charter, and that therefore it was lia- 
ble to be revoked and forfeited, and although they had 
been at times requested to send the Charter to England 
for surrender, no effective action had been taken to 
deprive them of their privileges and powers under 
it.* 

The people of Boston were so active in defence of 
the Charter and their rights under it that the entire 
Colony was frequently called by the Royalists "The 
Corporation of Boston." t The colonists had construed 
the Charter most broadly, and had made laws without 

1680 (Winthrop, i. 300, and note). Under the original Charter no town could 
have more than two deputies, and if the town had less than twenty freemen it 
had only one deputy ; if it had less than ten it had no deputy, and no attor- 
ney-at-law could be a deputy (Hutchinson's Collection, p. 428). 
*In Hutchinson's Collection (pp. 101-106) wiU be found a copy of a Quo War- 
ranto against the Company of Massachusetts Bay by the Attorney-General 
of England, and a judgment of forfeiture therein entered January, 1638. Also 
a letter from the Lords Commissioners for Foreign Plantations, reciting the 
Quo Warranto and judgment, and ordering a letter to be sent Governor Win- 
throp, commanding him, or any other in whose power and custody the letters 
patent of the Colony were, to transmit the said patent by the return of the 
ship in which the order was conveyed to them. (See, also, Winthrop, i. 269.) 
tSee Randolph's Report, October 12, 1666, and Hutchinson's Collection, 
Prince Society Edition, ii. 210. 

[ 146 ] 



Old Boston Town House 

regard to the laws of England, and even in contraven- 
tion of such laws. They had coined money in their own 
name; had issued legal processes in the name of the 
Colony without reference to the King; had even cut 
the cross from the English flag, and had practically 
assumed to act as an almost independent state, with 
representative government. The situation was such that 
an irrepressible conflict arose between the colonists 
under their representative government and the Stuart 
dynasty, under its claim of arbitrary power over the 
Colony. This conflict was waged in and about the Bos- 
ton Town House. A review of some of the acts of the 
General Courts there assembled will show the reader 
many of the characteristics of the people in the early 
time. Their vigour in dealing with all matters of busi- 
ness, their simphcity in passing directly from the most 
trivial to the most serious acts, the sternness and sever- 
ity of the punishments they decreed, and their devotion 
to the Charter which, as they believed, secured them 
their hberties, — all appear in the records of their do- 
ings in the old Boston Town House. 

The first meeting of the General Court held in the 
Town House was on May 11, 1659, when John Endi- 
cott was chosen governor and Richard Belhngham 
deputy governor. Nine assistants were chosen, and 
Edward Rawson was chosen secretary. Thirty-three 
deputies were returned from the several towns, and 
Captain Thomas Savage was chosen speaker. 

The first Act passed was an order for " settling the 
poore" so that they might be relieved by the town 
found properly chargeable for their support. An Act 

[ 147 ] 



The Story of the 

was then passed making it a crime to observe Christ- 
mas, as follows : 

For pventing disorders arising in seuerall places w*^in this 
jurisdiccon, by reason of some still observing such ffestiualls as 
were superstition sly kept in other countrys, to the great dishon- 
nor of God & offence of others, it is therefore ordered by this 
Court and the authority thereof, that whosoeuer shall be found 
observing any such day as Christmas or the like, either by for- 
bearing of labour, feasting, or any other way, vpon any such ac- 
counts as aforesajd, euery such person so offending shall pay for 
euery such offence fine shillings, as a fine to the county. 

At this time England was in the confusion that fol- 
lowed the death of Oliver Cromwell on September 3, 
1658. The General Court therefore, at this meeting, 
passed the following: 

This Court, taking into theire serjous consideration the pre- 
sent unsettled estate & condicon of our brethren in our native 
countrje by comotions & great thoughts of heart, both in countrje 
& Parljament, now assembled, a good issue whereof doth wholly 
depend vpon the Lords favor & goodnes towards them, as also 
the Lords frownes vpon ourselves by the irreparable rents & di- 
vissions in sundry churches, the great security & sensuality vnder 
our present enjoyments, the sad face on the rising generation, 
together w*^ threats of future evills in this present spring season, 
all w*^^ are signes of the Lords displeasure for our w^'^drawing from 
him, appoint June 15th as a solemne day of humiliation for the 
imploring of Gods favorable presence yett to abide w*^^^ our deare 
natiue country, & w*^*^ vs his poore people & churches in the ends 
of the earth, 8c w*'^ our seede after vs. 

On October 18, 1659, a second session of the General 
Court was held in the Town House, December 8 was 
appointed as a day of thanksgiving, and the following 
order as to the solemnization of marriages was passed : 

There being seuerall tounes w*'Hn this jurisdiction who are 

[ 148 ] 



Old Boston Town House 

not only remote from any magistrate, but also destitute of any 
person impowred to solemnize marriage, the want whereof is an 
occasion of much trouble & sometjmes disapointment, which to 
prevent, it is ordered, that Capt Johnson for Wooborne, Left 
French for Billirrikey & Chelmsford, W™ Coudrey for Redding, 
Capt Marshall for Lynn, M"" Thomas Nojce for Sudbury, M'' Edw 
Woodman for Newbury, Left Robert Pike for Salisbury, Left 
Christopher Hussie for Hampton, Capt Eliazer Lusher for Ded- 
ham, M'' Wheelocke for Meadfeild, Capt Joshua Hubbard for 
Hingham, Capt W™ Torrey for Weimouth, M"" Peter Brackett for 
Braintrje, shall & hereby are appointed & empowred to joyne in 
marriage such persons w*'Hn theire respective tounes or Ijmitts as 
shall desire the same, being published according to lawe. 

They then passed sentence of death upon W™ Rob- 
binson, INIarmaduke Stephenson, & Mary Dyer, as ban- 
ished Quakers who had returned, and issued warrants 
for their execution by hanging. Robinson and Stephen- 
son were hanged on Boston Common, October 27, 
1659, pursuant to the warrant of the General Court; 
but in the case of Mary Dyer, they gave her liberty to 
depart out of the Colony within forty-eight hours, and 
to be " kept close prisoner till hir sonne or some other 
be ready to carry hir away w*^'in the aforesajd tjme." 
And it was then ordered that she *'be carrjed to the 
place of execution, & there to stand vpon the gallowes, 
with a rope about her necke, till the rest be executed, & 
then to retourne to the prison remajne as aforesajd." 
Mary Dyer was taken away at that time, but returned, 
and was hanged on the Common, June 1, 1660. 

They then issued a long declaration bristling with 
Scriptural quotations, defending their treatment of 
Quakers ; ordered a fence to be erected about the prison 
and house of correction in Boston to prevent persons 

[ 149 ] 



The Story of the 

from conversing with the prisoners ; sentenced a Quaker 
to banishment ; decided disputes arising under the will 
of Captain Keayne ; returned thanks to the Rev. Mr. 
John Norton for his services in drawing up the declara- 
tion as to Quakers, and also granted him five hundred 
acres of land "as a smale recompence for his pagnes 
therein." 

After this they authorized Henry Chickering to sol- 
emnize marriage between two couples recently pub- 
lished at Dedham, Captain Lusher, the assistant at 
Dedham, being in attendance upon the Court, and 
entered judgment for a plaintiff for "tenn bushels of 
wheat and costs of Court, making £13. 4^. 7j9." They 
also passed the following order with regard to Captain 
Keayne's family: 

In consideration of the late Capt Robert Keaynes libberall 
guifts to the country in his will, the whole Court niett together 
voted, that M''^ Anna Cole, the late relict of the sajd Capt Ro- 
bert Keajne, and Anna Keayne, the grand child shall haue fiue 
hundred acres of land a peece lajd out to them & their heires 
where it is to be found. 

They transacted much other business and "dissolved" 
on the twelfth day of November. 

The proceedings of the General Court at these two 
sessions of the first year in which it occupied the Town 
House fairly indicate the conduct of business by it at 
that time. The next General Court convened May 30, 
1660, with eight assistants and thirty-five deputies. 
At this session "the whole Court mett together" and 
voted that Mary Dyer for rebelliously returning into 
the Colony should be hanged on the first day of June, 

[ 150 ] 



Old Boston Town House 

"about nine of the clock in the morning," and issued 
a warrant therefor. 

At the second session of the General Court, held on 
October 16, 1660, in the Town House, a law punish- 
ing suicide was passed as follows: 

This Court, considering how farre Sathan doth prevajle vpon 
seuerall persons w*^in this jurisdiction to make away themselves, 
judgeth that God calls them to beare testimony against such 
wicked and vnnaturall practises, that others may be deterred 
therefrom, doe therefore order, that from henceforth if any per- 
son, inhabitant or strainger, shall at any time be found by any 
jury to lay violent hands on themselves, or be wilfully guilty of 
theire oune deaths, euery such person shall be denjed the privi- 
ledge of being burjed in the comon burying place of Christians, 
but shall be buried in some comon highway where the selectmen 
of the toune where such person did inhabit shall appoint, & a cart 
loade of stones layd vpon the graue, as a brand of infamy, and 
as a warning to others to be ware of the like damnable practises. 

They then passed additional laws for the trial, con- 
viction, and punishment by death of banished Quakers ; 
granted Roxbury five hundred acres toward the main- 
tenance of a free school ; reproved a clergyman for hav- 
ing baptized three children "after the exercise was ended 
upon the Lord's Day," in a house in Falmouth, "to the 
offence of the Government of this Commonwealth;" 
and transacted much other business. 

On December 19, 1660, a session of the General 
Court was called by the governor, and a long address 
was voted to be made to King Charles II and another 
to Parliament, praying that the grant of their Charter 
might be confirmed, and commissioners were appointed 
and instructed to deliver the petitions to the King and 
to the "High Court of Parliament." 

[151 ] 



The Story of the 

The General Court again met in the Town House 

on May 22, 16G1. They first voted a bounty on wolves, 

and then passed an order providing as follows : 

This Court, being desirous to try all meanes, w*'^ as much lenity 
as may consist w*^*^ our safety, to prevent the intrusions of the 
Quakers, who besides their absurd & blasphemous doctrine, doe, 
like rouges & vagabonds, come in vpon vs, & haue not bin re- 
streined by the lawes already provided, haue ordered, that euery 
such vagabond Quaker found w^'^in any part of this jurisdiction 
shall be apphended by any person or persons, or by the connstable 
of the toune wherein he or she is taken, & by the connstable, or, 
in his absence, by any other person or persons, conveyed before 
the next magistrate of that sheire wherein they are taken, or 
comissioner invested w*^ magistratticall power, &, being by the 
sajd magistrate or magistrates, comissioner or comissioners, ad- 
judged to be a wandering Quaker, viz*, one that hath not any 
dwelling or orderly allowance as an inhabitant of this jurisdiction, 
& not giving ciuil respect by the vsuall gestures thereof, or by any 
other way or meanes manifesting himself to be a Quaker, shall, 
by warrant vnder the hand of the sajd magistrate or magistrates, 
comissioner or comissioners, directed to the connstable of the toune 
wherein he or she is taken, or in absence of the connstable or any 
other meete person, be stripped naked from the midle vpwards, 
& tjed to a carts tayle, & whipped thro'^ the toune, &. from thence 
imediately conveyed to the connstable of the next toune towards 
the borders of our jurisdiction, as theire warrant shall direct, & 
so from connstable to connstable till they be conveyed thro any 
the outward most tounes of our jurisdiction. 

The order then provided that if a Quaker should re- 
turn and be thrice convicted, he should be branded 
with the letter R on his left shoulder, be severely 
whipped and be sent away in manner as before, and if 
he again returned be punished with death. The order 
also provided for the payment of expenses that might 

[ 152 ] 



Old Boston Town House 

arise from apprehending, whipping, and conveying 
Quakers out of the Colony, and authorized the con- 
stable "to impresse cart, oxen & other asistance for the 
execution of this order." 

The Court then censured a book called the " Christian 
Commonwealth," by John Eliot of Roxbury, ordered 
it to be "totally suppressed," and required all persons 
having the book to " either cancel & deface the same, 
or deliuer them vnto the next magistrate or to the se- 
cretary." He was the "Apostle Eliot," who translated 
the Bible into the Indian language, a most eminent 
and pious man. A special Court was held August 7, 
1661, with only eight assistants and sixteen deputies 
present, at which it was ordered that "the kings mag*^ 
that now is shall be proclaymed here in the forme here- 
after expressed, in Boston, on the eighth day of this 
instant August, presently after the lecture." This king 
was Charles II. An order was then passed declaring 
that no person should "psume to drincke his maj*^^ 
health, w'^^ he hath in speciall forbid, and that this or- 
der shall be posted vp in Boston this present day, that 
all persons may take notice thereof;" and the order 
was posted accordingly in the Town House. They then 
ordered that the "lawe Ijmitting the nomination of but 
fowerteen Asistants be henceforth repealed, and that 
the freemen be at liberty to choose eighteene Asistants, 
as the pattents hath ordeyned ; " and then voted another 
address to the King, in which they prayed God to 
"preserve him from all emissaries agitated by an infer- 
nall spirit, vnder what appellations soeuer disguised." 

I 153] 



The Story of the 

November 27, 1661, a special session of the General 
Court called by the governor was held, a letter from 
the King was read, and in compliance therewith the 
Court declared that the execution of the laws in force 
against Quakers "so farr as they respect corporall pun- 
ishm* or death, be suspended vntill this Court take 
further order." They then appointed the second day of 
January following to be "a day of solemne humillia- 
tion and supplication to the Lord." 

At a General Court on May 7, 1662, Endicott was 
again chosen governor, and there were present ten as- 
sistants and twenty-eight deputies. The first act at that 
session was to pass the following order : 

As an adition to the lawe about apparrell. Whereas excesse 
in apparrell amongst vs, vnbecoming a wildernes condition, & the 
profession of the gospell, whereby the rising generation are in 
dainger to be corrupted & effeminated, w*^'^ practises are witt- 
nessed against by the lawes of God & sundry civil & Xtian na- 
tions, it is therefore ordered & enacted by this Court & the au- 
thority thereof, that all persons w^'^in this jurisdiction, wther the 
children or servants that are vnder goument in familys, that shall 
weare any apparrell exceeding the quality & condition of their 
persons or estate, or that is apparently contrary to the ends of 
apparrell, & either of these to be so judged by the grand jury & 
County Court of that sheire where such complaint or psentment 
is made, — all such persons, being convicted, shall for the first of- 
fence be admonished, for the second offence pay a fine of twenty 
shillings, for the third offenc forty shillings, & so following, as the 
offences are multiplied, to pay forty shillings a tjme to the trea- 
sury of that county. Also, if any taylor shall make or fashion any 
garment for such children or servants vnder gounment, as afore- 
sajd, contrary to the minde & order of their parents or gouno^'s, 
euery such taylor shall for the first offence be admonished, & for 
the second offenc to forfeite double the value of such apparrell or 

[ 154 ] 




ra/ijv O n^lcx>(±. 



Old Boston Town House 

garment as he shall fashin or make contrary to the minde & or- 
der of parents or gouno''s; halfe to the owner & halfe to the 
country. And all grand jurymen are hereby enjoyned to present 
all those whom they doe judge breakers of this order. 

They then forbade the exportation of wheat or flour, 
and appointed the fifth day of the next month as a 
day of "fasting & prajer." 

October 8, 1662, the commissioners, Simon Brad- 
street, Esq., and the Rev. Mr. John Norton, who had 
in 1661 been sent to England, to present an address to 
the King and to seek to preserve the Colony Charter, 
presented a letter from the King, which was read by 
the governor to the whole Court of the Assistants and 
the Deputies sitting together in the Town House, and 
the Court ordered the same published, and ordered 
that all future legal proceedings should be in the name 
of His Majesty. Notwithstanding this, however, some 
constables and town officers refused to publish the 
King's letter or to serve attachments in his name, and 
said of the letter that it was "popery." 

Then, referring to their previous order suspending 
the execution of Quakers, they provided that the law 
of May, 1661, against vagabond Quakers, should be in 
force thereafter in all respects, but that the whipping 
be only through three towns, and that the magistrate 
or commissioners signing the warrant should appoint 
the towns and the number of stripes to be given in each 
town. At this session an order was passed fixing the 
price of corn and other commodities to be paid as taxes, 
as follows: 

Wheat, barly, & barly mault at fine shillings sixepence p 

[ 155 ] 



The Story of the 

bushell, pease and rye at fower shillings sixepenc, & Indian at 
three shillings, all good & merchantable corne; & whateuer else 
shall be payd in the country rate to be according to money price, 
provided that no toune or person shall pay leane catle in the coun- 
try rate, & that there be one rate & a quarter for this present yeare. 

At the same session they passed this order for cen- 
sorship of the press : 

For presentation of irregularitjes & abuse to the authority 
of this country by the printing presse, it is ordered, that hence- 
forth no copie shall be printed but by the allowance first had & 
obteined vnder the hands of Capt Daniel Gookin & M"" Jonathan 
Mitchel, vntil this Court shall take further order therein, but 
May 27, 1663, they ordered that the printing presse be at lib- 
erty as formerly, till this Court shall take further order, & the 
late order is heereby repealed. 

At a General Court held October 20, 1663, it was 
enacted — 

That no masters of shipps or seamen, having theire vessels ride- 
ing w^'^in any of our harbo'"s in this jurisdiction, shall presume to 
drincke healths, or suffer any healths to be druncke w*^^in theire 
vessells by day or night, or to shoote of any gunne after the day- 
light is past, or on the Saboath day, on poenalty for euery health 
twenty shillings, & for euery gunn so shott twenty shillings; & 
the capt of the Castle is hereby enjoyned to giue notice of this 
order to all shipps that passe by the Castel. 

At the General Court held in the Town House on 
the 18th of May, 1664, Endicott was again chosen 
governor, and Bellingham deputy governor. The first 
business transacted was to pass an order against sing- 
ing and making a noise in any place of public enter- 
tainment. Then, apparently being of the opinion that 
the physical possession of the patent was of great im- 
portance, and fearing that it might be taken away from 
them, they passed this order: 

[ 156] 



Old Boston Town House 

Forasmuch as it is of great concernment to this comonwealt 
to keepe safe & secret our pattent, it is ordered, the patent, & 
duplicate belonging to the country, be forthw^^ brought into the 
Court, & that there be two or 3 persons appointed by each house 
to keepe safe & secret the sajd patent & duplicate, in two dis- 
tinct places, as to the sajd comittees shall seeme most expedient. 
It is ordered, that the Dept. GounoSMajo-- Genii Leueret, Capt 
Clarke, & Capt Johnson are appointed to receive the grand pat- 
ent from the secretary, & to dispose thereof as maybe most safe 
for the country. 

The patent was then brought in and "delivered to 
the Dept Gouno^ Rich Bellingbam, Esq. & the rest of 
the comittee, in presenc of the whole Court." 

In this connection it is interesting to note the curi- 
ous legal proceedings in England to deprive the colo- 
nists of the Charter. The original proceedings for the for- 
feiture of the Charter in the reign of Charles II were by 
a writ of quo warranto in the Court of King's Bench. It 
was this proceedingwith which the King threatened the 
Colony in his letter sent by Randolph in December, 
1680, and in the Royal Declaration sent to the Colony 
by Randolph in July, 1683, wherein he requested the 
colonists to surrender their Charter, and declared that 
any person who defended the quo warranto proceedings 
must do so at his private expense and not at any pub- 
lic expense of the Colony. The prosecution of this com- 
mon law proceeding appears to have been abandoned, 
and a new suit begun by a writ of scire facias in the 
Court of Chancery April 16, 1684; and it was upon 
this proceeding before the chancellor that a decree was 
made June 21, 1684, and confirmed October 23, 1684, 
vacating the Charter, upon default and before the col- 

[ 157 ] 



The Story of the 

onists had any legal notice and opportunity to defend 
the new suit. One of the reasons for this change of 
procedure may have been that in the common law 
proceeding originally commenced, the only judgment 
would be one forfeiting the rights given by the Charter, 
while in a suit in chancery a decree might be made not 
only vacating the Charter, but requiring the patent it- 
self to be brought into court and there cancelled by 
the chancellor. Lord Coke even derives the title of 
chancellor from his power to cancel the King's letters 
patents under the great seal, and "damning the enrol- 
ment thereof by drawing strikes through it like a let- 
tice." This probably accounts for the importance which 
was always attached by the colonists to the physical 
preservation and possession of the patent itself 

Then having guarded the possession of the Charter, 
they turned again to the suppression of free speech and 
censured William Cotton for " reproachfull expres- 
sions" against the governor, disfranchised him, and 
disabled him to bear any military office, and ordered 
him to be whipped openly not exceeding ten stripes, 
or otherwise to pay a fine of fifteen pounds. 

And thus the colonists, through their General Court 
sitting in the Boston Town House, continued to admin- 
ister their government without substantial change, and 
with very little regard to repeated recommendations 
and requirements from the English government. At last 
the Crown appointed commissioners to go to New Eng- 
land and require the colonists to comply with its de- 
mands. Information of this fact reached Boston at the 
session of the General Court in May, 1664, and the 

[ 158 ] 



Old Boston Town House 

General Court passed the following order with refer- 
ence to the expected visit : 

This Court, being informed that some of his maj*^^ shipps 
are on their voyage to these parts, in which are seuerall gentle- 
men of quality, doe therefore order, that the capt of the Castle, 
on the first sight & knowledge of their approach, giue speedy 
notice thereof to the honnored Gouerno"" & Deputy Gouno*", and 
that Capt James Oliuer & Capt Willjam Dauis are hereby or- 
dered forthwith to repaire on board sajd ships, and to acquaint 
those gent" that this Court hath & doeth by them present their 
respects to them, & that it is the desier of the authority of this 
place that they take strict order that their vnder officers & soul- 
djers,in their coming on shoareto refresh themselves, at no time ex- 
ceed a convenient noumber, & that w**^out armes, & that they behaue 
themselves orderly amongst his maj*'^'^ good subjects heere, & be 
carefuU of giving no offence to the people & lawes of this place, 
and invite them on shoare, provission being made for their pre- 
sent refreshment by the sajd Capt Oliuer, and the management 
of the military enterteinement & the guard is left to be ordered 
by the majo"" generall & militia of Boston, w**^ respect to their 
honnofble reception. 

They also took active measures to put themselves 
in a position to maintain their government. On the 
same day that they made this provision for the recep- 
tion of the commissioners, they gave the following or- 
der to Captain Richard Davenport: 

To take into your care & charge the Island Castle, & battery 
therevpon, comonly called Castle Island, w^^ all the great artil- 
lery, armes, & amunition belonging therevnto, & see that they be 
in a posture fitt for the service & defence of this jurisdiction & 
the authority thereof: yow are also to take charge of the garri- 
son there as capt thereof, and that such officers and souldjers as 
from tjme to time shall be sent unto yow for yo"" asistance be dil- 
ligent in attending the dutjes of their places, comanding them 
to obey yow as your captaine for the seruice aforesajd; and in case 

[ 159] 



The Story of the 

any shall attempt assault upon yow, or the place comitted to your 
trust, or, in passing by the Castle in ship, barcque, or boate, shall 
refuse to be vnder comand, according to y*^ duty of your place, 
and for the better strengthening therevnto, yow are, vpon the 
approach of any vpon the coast or towards any the harbo""® w^'^in 
the bay, w**^ shipping, to giue timely notice by the vsuall signe 
of flag or flaggs, or such other signall as yow shall be appointed 
by your superio*"^; and in case there be approach of aboue three 
shipps together, yow are to give timely alarum, as the lawe pro- 
videth. Yow are to observe & obey all such orders and directions 
as from time to tjme yow shall receive from the Generall Court, 
councill, majo'' generall, or comittee of militia. Vntill the Court 
of Election next, this comission to be of force. Given vnder our 
hands at Boston, in New England, w*^ the seale of the collony 
affixed, this 9**^ March, 166f . 

Upon the arrival of the commissioners they met the 
governor and the assistants in the Town House on 
July 26, 1664, and the governor called a special ses- 
sion of the General Court to be held on August 3, 
1664, to consider the demands of the commissioners. 
At this court the commissioners presented their com- 
mission and a letter from the King requiring, among 
other things, a repeal of the law prohibiting persons 
who were not members of Puritan churches from be- 
ing admitted as freemen of the Colony. All the Gen- 
eral Court did to comply with this requirement was 
to pass a law with this provision : 

All Englishmen presenting a cirtifficat, vnder the hands of the 
ministers or minister of the place where they dwell, that they 
are orthodox in religion, Sc not vitious in theire hues, & also a 
certifficat, vnder the hands of the selectmen of the place, or of the 
major part of them, that they are free holders, & are for their 
oune propper estate (w**^out heads of psons) rateable to the 
country in a single country rate, after the vsuall manner of val- 

[160] 



Old Boston Town House 

luation, in the place where they Hue, to the full value of tenne 
shillings, or that they are in full comunion w"^ some church 
amongst vs, it shallbe in the liberty of all & euery such person or 
persons, being twenty fower yeares of age, householders and setled 
inhabitants in this jurisdiccon, from tjme to tjme, to present 
themselves & their desires to this Court for their admittance to 
the freedome of this comonwealth, and shallbe allowed the priu- 
ledge to haue such their desire propounded & put to vote in the 
Generall Court for acceptance to the freedome of the body polli- 
ticke by the sufTerage of the majo-^ pte, according to the rules of 
our pattent. 

The Court then ordered that a petition be pre- 
sented to His Majesty at a convenient time for the con- 
tinuance of their patent privileges, and resolved that 
"This Court doeth expresse & declare, that it is their 
resolution, God asisting, to beare faith & true allea- 
giance to his majestje, to adhere to their pattent, (the 
duties & priuledges thereof,) so dearely obteyned & so 
long enjoyed by vndoubted right in the sight of God 
& men." This was only saying that they would bear 
allegiance to the King so long as he allowed them to 
govern themselves in their own way under the patent. 
But they were extremely anxious to preserve the fa- 
vour of the King, if it could be done by declarations of 
loyalty without actual submission to his authority, and 
October 19, 1664, a General Court, called by the gov- 
ernor, deputy governor, and other magistrates, was 
held, in which a long address to the King was voted 
signed by Governor Endicott by its order. At the con- 
clusion of it was this language : 

Roy ALL S'': It is in your power to say of your poore people in 
New England, they shall not dye. If wee haue found favour in 
the sight of our king, let our life be given vs at our petition, 

[ 161 ] 



The Story of the 

(or rather that which is dearer than life, that wee haue ventured 
our Hues, & willingly passed through many deaths to obteyne 
Sc our all;) at our request let our gouernment Hue, our patent 
Hue, our magistrates Hue, our lawes & libertjes Hue, our reli- 
gious enjoyments Hue; so shall wee all haue yet further cause to 
say from our heart, "Let the king Hue foreuer;" and the blessing 
of them that were ready to perish shall come vpon your majesty, 
hauing deliuered the poore that cryed, & such as had none to 
help them. 

But they did not abate the vigour of their authority 
or the cruelty of their punishments, and at the same 
session they ordered that a woman who had been tried 
for burning a house, and found not guilty, but found 
guilty of theft, "be whipt w*^ tenn stripes, tomorrow, 
after the lecture, vpon hir naked body in Boston." And 
as she had "also binn convicted of inany notorious 
lyes," it was adjudged that she be "whipt againe at 
Ipswich, vpon hir naked body, as before, w"^ tenn 
stripes, at the end of one moneth from the time of hir 
first whipping." 

The royal commissioners, finding that they made no 
impression upon the Massachusetts Colony, visited the 
colonies of Connecticut, Plymouth, and Rhode Island, 
all of which submitted to the royal demands. The com- 
missioners returned to Boston, and met the General 
Court in the Town House, in May, 1665. At this time 
the commissioners demanded among other things that 
the thirtieth day of January, the day of the execution 
of Charles I, should be made a day of prayer and fast- 
ing, according to the Act of Parliament of April, 1660, 
which provided that every thirtieth day of January, 
unless it was upon the Lord's Day, and then the next 

[ 162 ] 



Old Boston Town House 

day following, should be "forever set apart to be kept 
in all the churches and chapels of the Dominion of 
England as an anniversary day of Fasting and Humil- 
iation to implore the mercy of God that neither the 
guilte of that Sacred and Innocent Blood, or those 
other sinns by which God was provoked to deliver up 
both us and our King into the hands of cruell and un- 
reasonable men, may at any time hereafter be visited 
upon us or our posterity." 

To this the General Court stoutly replied that in the 
Colony each church had liberty to appoint its own days 
of prayer and fasting, and refused to accede to the de- 
mand. Finally on May 24, 1665, the commissioners an- 
nounced that they intended to sit in Boston as a Court 
of Appeals from the General Court, as their authority 
from the King authorized them to do. In answer to 
this the colonists proclaimed by sound of trumpet 
from the Town House "that the generall court was 
the supreamest judicatory in all that province and that 
the Commissioners pretending to hear appeals was a 
breach of their priviledges." 

Thus in the Boston Town House the long con- 
test between the Colony and the Crown began. The 
American Revolution really had its beginning when the 
Massachusetts Colony, alone of all the colonies in New 
England, firmly faced the commissioners of Charles II 
and bravely stood for the right to govern themselves 
under their Charter. It was then and there, in the Bos- 
ton Town House, that the spirit of independence was 
born which a century later flashed into the flames of 
the Revolution. 

[163] 



The Story of the 

After this the commissioners, finding themselves 
without power and wholly unable to exercise royal au- 
thority in Boston, departed out of the Colony, and re- 
ported to the King that they visited the colonies of 
Connecticut, Rhode Island, and Plymouth, and found 
them submissive to the commissioners ; but they said, 

The collony of the Massachusetts was the last and hardliest per- 
swaded to use his Majestyes name in the forms of justice. . . . The 
commissioners visitted all other collonyes before this, hoping both 
that the submission and condescention of the other collonyes to 
his Majestyes desires would have abated the refractorinesse of this 
collony. . . . But neither examples nor reasons could prevaile with 
them to let the commissioners hear and determine soe much as 
those patricular cases which the King had commanded them to 
take care of and doe justice in, and they proclaimed by sound of 
trumpet that the generall court was the supreamest judicatory in 
all that province. 

Then the General Court, having thus disposed of the 
royal commissioners, turned to domestic affairs and 
suppressed freedom of the press by this order : 

For the preventing of irregularitjes & abuse to the authority 
of this country by the printing presse, it is ordered by this Court 
& the authority thereof, that there shall be no printing presse 
allowed in any toune w*^in this jurisdiction but in Cambridge, 
nor shall any person or persons presume to print any copie but 
by the allowance first had & obteyned vnder the hands of such 
as this Court shall from tjme to tjme impower; the president of 
the colledge, M*" John Shearman, M"" Jonathan Michell, & M"" Tho- 
mas Shepheard, or any two of them, to survey such copie or coppies, 
and to prohibitt or allow the same according to this order; and 
in case of non observance of this order, to forfeit the presse to 
the country, & be disabled from vsing any such proffession w*^in 
this jurisdiction for the tjme to come; provided, this order shall 
not extend to the obstruction of any coppie which this Court 
shall judge meete to order to be published in print. 

[ 164 ] 



Old Boston Town House 

A letter from the King, dated February 22, 1666, 
directed to the governor and Council with reference 
to hostilities with France, was received July 17, 1666, 
and His Majesty's declaration of war, which was en- 
closed in the letter, was solemnly published from the 
Town House by sound of trumpet. A reply in the 
name and by the order of the General Court was made 
to this letter, and September 11, 1666, the General 
Court procured and sent to the King by special ship 
a present of two masts. 

In May, 1669, there went out from the Town House 

a further order of the General Court suppressing a free 

press as follows: 

Being informed that there is now in the presse, reprinting, a 
booke, tit Imitacons of Christ, or to y* purpose, written by Thomas 
a Kempis, a Popish minister, wherein is conteyned some things 
that are less safe to be infused among the people of this place, 
we doe comend to the licensers of the press, the more full revisall 
thereof, & that in the meane tjme there be no further proggresse 
in that worke. 

In May, 1670, an addition to the law against gaming 

was passed providing — 

That what person or persons soeuer shall bring into this ju- 
risdiction any playing cards or dice, or w*^ whomsoeuer such cards 
or dice be found in his or their custody, he or they shall pay, as 
a fine, the sum of five pounds, the one halfe to the treasury, the 
other to the informer; but in case any such cards or dice shall 
come into the custody of any person w^^out his knowledge or con- 
sent, if he shall cany them vnto the next magistrate or comis- 
sioner, within two dajes after his knowledge of them to dispose 
of them as the said magistrate or comissioner shall see cause, any 
such person shall be free from the poenaltje. 

And then to induce offenders to betray their com- 

[165] 



The Story of the 

panions, the law provided that *'if any person that hath 
plajed or gamed, shall give information thereof, he shall 
be freed from the poenaltje of the law." 

The General Court then dealt with the deceased 
wife's sister question by this resolve: "In ans*" to the 
quaestion, whither it be lawfuU for a man that hath 
buried his first wife to marry w**^ hir that was his first 
wiues natturall sister, the Court resolves it on the ne- 
gative." 

In June, 1670, the Colony united with Plymouth 
and Connecticut as the United Colonies for mutual 
defence and assistance. The articles of this confedera- 
tion were agreed upon in the Boston Town House. 
On May 15, 1672, the General Court passed the famous 
order as to ducking for scolding as follows : 

Whereas there is no express punishment (by any lawe hith- 
erto established) affixed to the evill practise of sundry persons 
by exhorbitancy of the tongue in rayling & scolding, it is there- 
fore ordered, that all such persons convicted, before any Court 
or magistrate that hath propper cognizance of the case, for rayl- 
ing or scolding, shall be gagged or sett in a ducking stoole & 
dipt ouer head & eares three times, in some convenient place 
of fresh or salt water, as the Court or magistrate shall judge 
meete. 

In October, 1675, the Colony promulgated "Lawes 
and ordinances of warr, for the better regulating their 
forces, and keeping theire souldjers to theire duty, & to 
prevent prophaness, that iniquity may be kept out of 
the campe," the first one of which was : " Let no man 
presume to blaspheme the holy & blessed Trinity, God 
the Father, God the Son, and God the Holy Ghost, 
vpon payne to haue his tongue bored w"' a hott iron." 

[ 166] 



Old Boston Town House 

In 1676 the General Court authorized the selectmen 

of the different towns — 

To impresse men for the mannagement and carrying on of the 
husbandry of such persons as are called of from the same into 
the service, who have not sufficjent help of their oune left at 
home to mannage the same, who shall be allowed eighteen pence 
a day for their sajd work, to be pajd by the respective persons 
for whom they worke, prouided it doe not appeare that any per- 
sons imployed haue been vnfaithfuU in theire labour, in w'^'^ case 
the selectmen shall haue power to deduct from their wages such 
proportion as they shall see meete. 

In May, 1677, they passed additional laws with refer- 
ence to the observance of the Sabbath, one of which 
provided that — 

For the better putting a restraint & securing offendo''s that 
shall any way transgress against the lawes, title Saboath, either 
in the meeting house by abusiue carriage or misbehaviour, by 
making any noyse or otherwise, or during the daytime, being 
laid hold on by any of the inhabitants, shall, by the said person 
appointed to inspect this law, be forthwith carried forth & put 
into a cage in Boston, which is appointed to be forthwith, by the 
select men, to be set up in the market place, and in such other 
townes as y^ County Courts shall appoint, there to remain till 
authority shall examine the person offending, & giue order for 
his punishment, as the matter may require, according to the 
lawes relating to the Saboath. 

In October, 1678, the whole Court met together in 
the Town House, and a letter was read fi-om the King, 
with a copy of an oath of allegiance which it was de- 
sired they should take to His Majesty's person and 
government. This was the oath containing the famous 
declaration against the power of the Pope. The oath 
would occupy nearly two pages of this book and reads 
strangely in Boston to-day. Those who are curious to 

[ 167 ] 



The Story of the 

read it and see to what extent the Puritans in their 
abhorrence of the Roman Church were glad to go at 
that time, will find it printed in the "Colony Records" 
(vol. V. pp. 192, 193). The members of the Court then 
present took the oath, ordered it to be printed, and 
required it to be taken by all persons within the Col- 
ony "of sixteene yeares of age and vpwards," under 
pain of fine and imprisonment. 

They then passed an act punishing with death any 
attempt to depose the King or preaching or advising 
against his person and rule, and prepared an address to 
the King setting forth their action and expressing their 
loyalty to him, saying at the close : " Wee prostrate at 
yo*^ majesties fFeet, and humbly begg the acceptance 
of the loyall hearts. . , . Your maj*^*"^ most humble sub- 
jects & suplicants." And so the colonists continued to 
administer their government from the Boston Town 
House with many protestations of loyalty to the King, 
but with very little real obedience to his commands in 
any substantial matters. 

In the meantime the English government was con- 
tinually pressing for the surrender of the Charter of the 
Colony, and the colonists became exceedingly appre- 
hensive lest it might be taken from them, and in 1679 
the General Court passed another order as to the cus- 
tody of the instrument in addition to the one passed 
in 1664, as follows: 

The securing of our originall pattent being matter of great 
importance, and the former prouission in that respect made in the 
yeare 1664 being at an end by the decease of most of the per- 
sons betrusted in that order, this Court doth therefore order that 

[ 168] 



Old Boston Town House 

the patent be forthw*^ sent for & comitted to our present honord 
Deputy Gouerno'', Capt John Richards, & Capt Daniel Fisher, 
with Majo^ Thomas Clarke, one of the last comittee who are to 
take care of the same, to whose wisdome wee refferr it, to dispose 
of it as may best tend to prevent any inconvenience relating 
there vnto. 

In October, 1681, the freedom of the printing-press 
was again regulated by giving a monopoly of it to 
Samuel Sewall, who was authorized to take the man- 
agement of the printing-press in Boston, and it was 
provided that "none may presume to sett vp any other 
presse w^'^out the like liberty first granted." 

The colonists resisted all attempts of the English 
government to establish customs regulations in Boston. 
When Edward Randolph came to Boston in 1681 with 
a commission from the Crown as collector of customs 
in New England, he laid it before the General Court 
in the Town House that they might assist him in the 
execution of his office, but they took no notice of it, and 
when he "set up an advertisement near the town house 
to acquaint all persons that a customs office was erected 
&c," it was taken down by the marshal by order of the 
General Court. 

At the opening of a Court called by the governor 
and assistants to sit at the Town House in Boston, 
January 28, 1684, Governor Bradstreet declared that 
there were certain or general rumours by a person 
lately arrived that the Charter was condemned and 
judgment entered up against the Colony upon proceed- 
ings pending in the English courts. Thereupon the 
General Court passed a law modifying the building law 

in Boston, and appointed the 12th of March next as 

[ 169] 



The Story of the 

a day of humiliation and prayer. They then prepared 
an address to the King praying for the continuance of 
their hberties and privileges under their Charter, autho- 
rized certain persons to solemnize marriages, and di- 
rected a communication to be sent to their counsel in 
England by the hand of their secretary. 

In 1685 Charles II died, and James II was pro- 
claimed King. Copies of the proclamation made in 
London on February 6, 1085, were transmitted to the 
governor and magistrates of Boston, who communi- 
cated them to the whole General Court. The governor 
and council then ordered the proclamation to be made 
in Boston. The quaint record of what was done shows 
it was ordered that — 

His maj*^ w*^' all due solemnity be proclajmed in the high street 
in Boston, w*^*^ was donn on 20*^'* of Aprill, the hono'"ble Gouno'', 
Dep* Gouno"", & Assistants, on horsback, w*^^ thousands of people, 
a troope of horse, eight foote companys, drums beating, trum- 
pets sounding, his maj^^ was proclaymed by Edward Rawson, 
secret, on horsback, & Jn** Greene, marshall gene'^U, taking it 
from him, to the great joy & loud aclamations of the people, and 
a seuenty peec of ordinanc next after the volleys of horse & foote. 

God saue the King, &c. 

Sewall also notes as to this: "Monday, April 20th, 
(1685). The King is Proclaimed; 8 Companies, the 
Troop, and several Gentlemen on horseback assisting ; 
three Volleys and then Canon fired." Then he calmly 
notes: "This day a child falls upon a Knife which 
runs through its cheek to the Throat, of which inward 
Wound it dies, and is buried on Wednesday." April 
26 (1685) he notes: "I go to Meeting; staid at home 
last Sabbath and April 20"' by reason of my Sore 

[ 170 ] 




hiniiic/ OM'ira/l 



Old Boston Town House 

Throat." Evidently the pious Puritan judge took httle 
interest in the proclamation of the accession of King 
James because he was a Catholic. 

February 16, 1685, the General Court passed the 
first law with regard to trials by jury in cases of con- 
tests as to wills, which was published on the 25th of 
February. Sewall notes this as follows : 

Thorsday, February 25, The Law about Wills and Adminis- 
trations is published ; and ahnost as soon as the Drumm had done 
beating, Mr. Serj* comes with his Petition; and an order is made 
for a Hearing next Monday, 3 weeks, the 22^ of March: some 
would have had it sooner, and Mr. Nowel and Self thought it 
very indecent that it was so soon, especially considering, the Or- 
der made upon a Law scarce yet out of the Marshal's Mouth. 

On July 25, 1685, the General Court prepared an ad- 
dress to James II, stating that they had received with 
sorrow the sad tidings of the death of "our late gra- 
cious soueraigne, Charles the Seecond, of famous me- 
mory, whose transcendent grace & princely favour to us 
hath been as the dew vpon the grasse, and vnder the 
shaddow of w^hose protection, thro the mercy of God, 
wee haue enjoyed many happy dayes," and prayed the 
continuance of their liberties according to their Char- 
ter, which they said " will add another Jewell to your 
imperiall diadem, and errect a lasting monument of 
aeternall fame in the hearts of this & succeeding 
generations, & foreuer obleige Your maj^es loyall & 
obedjent subjects." 



[ ni ] 



Use of the Town House by the 
Provincial Government: 1686-1689 

MAY 15, 1686, Joseph Dudley, who had been ap- 
pointed president of "^Massachusetts, Maine, 
Nova Scotia and the lands between," arrived in Bos- 
ton, bringing his commission, and also a commission to 
"divers gentlemen" to administer the government ; and 
on May 17, 1686, the judgment vacating the Colony 
Charter, and the royal commission of Dudley as pre- 
sident of the Province, were read in open court in the 
Town House "in the presence of divers of the eminent 
ministers, gentlemen and inhabitants of the town and 
country," and the president took the oath of office and 
made a speech. The royal proclamation setting forth 
the commission was then "published by beat of drum 
and sound of trumpet" from the east end of the Town 
House, and the chartered Colony of Massachusetts Bay 
became a part of a royal province. The inhabitants of 
Boston, w^ho had given of their scanty substance to 
build a Tow^n House for a Puritan town and a char- 
tered colony, thus saw it changed from its use as the 
seat of a representative government into a "Council 
House" for a royal governor. Sewall, who was present 
as one of the assistants, notes the occasion as follows : 

May 1 7 th, 1 686, Generall Court Sits at One aclock, I goe thither, 
about 3. The Old Government draws to the North-side, Mr. Ad- 
dington, Capt. Smith and I sit at the Table, there not being room : 
Major Dudley, the Praesident, Major Pynchon Capt. Gedney,Mr. 
Mason, Randolph, Capt. AVinthrop, Mr. \\Tiarton come in on the 
left. . . . The Room pretty well filled with Spectators in an Instant. 
Major Dudley made a Speech, that was sorry could treat them 

[ 173 ] 



The Story of the 

no longer as Governour and Company; Produced the Exemplifi- 
cation of the Charter's Condemnation, the Commission under the 
Broad-Seal of England — both : Letter of the Lords, Commission 
of Admiralty, openly exhibiting them to the People ; when had 
done, Deputy Governour said suppos'd they expected not the 
Court"'s Answer now ; which the Praesident took up and said they 
could not acknowledge them as such, and could no way capitu- 
late with them, to which I think no Reply. When gone, Major 
Generall, Major Richards, Mr. Russell and Self spake our minds, . . . 
Spake to call some Elders to pray tomorrow which some think 
inconvenient, because of what past, and the Commissioners hav- 
ing several times declared themselves to be the King's Council 
when in the Town-House. 

President Dudley and his Council issued a proclama- 
tion, June 3, 1686, giving reasons for publishing his 
speech made "to the late General Assembly in the 
Council House in Boston, May 17, 1686," in which he 
denied their authority to sit or act further. 

The General Court, however, met again on May 20, 
1686, and passed an order with regard to papers refer- 
ring to their Charter and Indian titles, as follows : 

Ordered by this Court, that Samuel Nowell, Esq, M*" Jno Saffin, 
& Capt Timothy Prout bea comittee for a repossitory of such pa- 
pers on file with the secretary as referr to our charter, & nego- 
tiations, from time to tjme, for the security thereof, with such as 
referr to our title of our land, by purchase of Indeans or other- 
wise; and the secretary is ordered accordingly to deliuer the same 
vnto them. 

The Court then adjourned to the following October, 
at which time as the Charter under which they were 
constituted and elected had been adjudged forfeited, 
and a new government established, they could not act, 
and therefore did not attempt to meet. 

It may be asked why the colonists, who had forcibly 

[ 174] 



Old Boston Town House 

resisted the royal commissioners in 1664 in the Bos- 
ton Town House, quietly submitted to the royal gov- 
ernor and Council in 1686. The answer is obvious. Eng- 
land had then made peace with its enemies, which was 
not the case in 1664. Charles, before his death in 1685, 
had by the secret subsidy of France become able, as he 
thought, to rule without a Parliament to vote supplies, 
and had prorogued Parliament. James had succeeded to 
this condition, and was then thought to be able to crush 
any resistance by the colonists by force of arms; and 
in addition to this the colonists were then exhausted 
by their long struggle in the Indian wars for the pro- 
tection of their homes. The leaders of the colonists in 
Boston were prudent men, and therefore, while they 
protested that the revocation of their Charter was il- 
legal, and that the new government deprived them of 
their rights as Englishmen under Magna Charta, they 
reluctantly but peaceably submitted to the royal power, 
and waited for a more favourable time to renew their 
struggle for representative government. 

The immediate effect of the revocation of the Charter 
threatened to be most disastrous to the colonists. Under 
the theory of the English law at that time the land 
which had been granted to the Colony by the King be- 
longed to the Crown, and the title of the colonists was 
simply that of a conditional grant from the Crown. 
When, therefore, this grant of the Charter was revoked 
by judicial proceedings for violation of its conditions, 
all rights which had been acquired under it were de- 
stroyed. Not only were all the laws which the Colony 
had made, all the towns and other corporations which 

[ 175 ] 



The Story of the 

it had created, vacated, but the title of the Colony and 
of the towns and of their grantees to all lands within 
the limit of the Charter was destroyed, and the people 
ceased to own the lands they had wrested from the wil- 
derness and the homes in which they lived. It was also 
the theory of the English law that the Colony was a 
part of the "Empire of the King of England," which 
could not be governed by Parliament, but was simply 
the property of the Crown, and therefore could be gov- 
erned without any regard to the principles of Magna 
Charta and solely according to the will of the sovereign 
for the time being. 

It was upon this theory that the new government, 
of which Dudley was the first head, under the title of 
''President," was established. All powers of the govern- 
ment were vested in the president, or governor, and a 
council appointed by the King, subject to removal by 
the governor, but all vacancies to be filled by the King. 

The governor brought for the use of his government 
a new seal and a new flag, and was, with the consent of 
the Council, to make laws in conformity to the laws 
of England, but subject to the royal sanction, and was 
especially required to "countenance and encourage" 
theChurch of England. It was impossible for Dudley — 
who, although an able man and anxious to execute his 
authority as a royal governor, was really one of the Mas- 
sachusetts Colony people — to govern satisfactorily to 
the people or to the King under these conditions, and 
his rule was short, lasting only from May to December, 
1686, when he was succeeded by Sir Edmund Andros. 

When it became known that Andros was to succeed 

[ 176 ] 



Old Boston Town House 

Dudley the colonists evidently expected a change for 
the worse. His title was to be "Governor-in-Chief " in- 
stead of "President," but that concession was not suf- 
ficient to conciliate the sentiment which still demanded 
a return of the Charter. Preparations were made for 
Andros's reception which were a careful combination 
of caution and dignity. 

The Council, expecting Andros to arrive some time 
in November, appointed a committee to wait upon him, 
and passed the following order as to his reception: 

That the Gunners of Boston and Charlestowne put out his 
Majtys Colours on the Forts and Sconces, and have their Gunns 
ready according to method, and that they prepare the second fire- 
ing according to the signe to be given them from the Towne 
House That the Major and his Regiment be in armes at the 
water side to receive the Governor. That the Capt°. of the Castle 
have his Company ready in armes at a Quarter of an houres warn- 
ing, and be personally present at the Castle to meet & salute the 
Governour in passing up to Towne. 

Orders were also given for hoisting the King's col- 
ours, for receiving the governor with military honours, 
and "that a Pipe of Wine be put in some convenient 
place nere the Towne House to be bestowed amongst 
the Souldiers that shall arrive with S' Edmund An- 
dros." 

Andros did not, in fact, arrive until December, and 
Sewall gives the following dry but characteristic ac- 
count of the occasion: 

Sabbath, Dec^. 19, 1686. Day of the Fort-fight. As I was read- 
ing the Exposition of Habakkuk S'^., which this morn sung and 
read in the family, I heard a great Gun or two, as I supposed, 
which made me think Sir Edmund might be come; but none of 
the family speaking of it, I held my peace. Going to Mr. Brad- 

[ 177 ] 



The Story of the 

street's Tho, Baker told me Sir Edmund was below, which Winch- 
comb and Brisco confirmed; said they saw the Frigot with the 
Flagg in the main Top, and sundry gon down. President and 
Deputy come to Town ; President comes and hears Mr. Willard, 
whoes Text was Heb. 11. 12. Therefore sprang there of one &c. 
113. Psalm sung. Mr. Willard said he was fully persuaded and 
confident God would not forget the Faith of those who came first 
to New England, but would remember their Posterity with kind- 
ness. One Doct. Faith usually reaps the greatest Crops off the 
barrenest Ground. Between Sermons, the President and several 
of the Council goe down. Mr. Lee preaches with us in the After- 
noon from Zech. 3. 9, 10. 

The Andros government was composed of the gov- 
ernor, deputy governor, and council, without repre- 
sentatives from the towns, and they laid what taxes 
they thought proper. This was naturally much com- 
plained of, but those persons who complained were very 
severely dealt with. For instance, when the selectmen 
of Ipswich voted "that inasmuch as it is against the 
privilege of English subjects to have money raised with- 
out their own consent in an assembly of Parliament, 
therefore they will petition the King for liberty of an 
assembly before they make any rates," they were prose- 
cuted, imprisoned and fined, some twenty, some thirty, 
and some fifty pounds. Under the Andros government 
Randolph was made the "Licenser of the Press," but 
of this Hutchinson says : "There was not so much room 
to complain as if the press had been at hberty before. 
It only changed its keeper" — which was true. 

During the three years of government without a 
Charter, under the hateful rule of Dudley and Andros, 
the Town House was called the "Council House" by 
the governor, but the colonists never adopted the 

[ 178 ] 



Old Boston Town House 

name. It was long supposed that no public records of 
the conduct of the Andros government were preserved. 
Hutchinson gives a hst of the Council which he sup- 
posed to be genuine. But after he wrote, the original 
journal of the governor and Council of the first four 
months of the Andros government was discovered, and 
is now in the possession of the American Antiquarian 
Society of Worcester, Massachusetts. A journal was 
doubtless kept for the entire period, but only partial 
abstracts of it, which were sent to England from time 
to time, are now available. A few extracts from Sewall's 
"Diary," however, show the temper of the times. 

Tuesday, January 25, 1687. This is kept for St. Paul, and the 
Bell was ining in the Morning to call persons to Service. The Gov- 
ernour (I am told) was there. Monday, Jan. SI. There is a meet- 
ing at the Town-house forenoon and afternoon. Bell rung for it, 
respecting the beheading Charles the First. 

Both these observances must have been offensive to 
most of the colonists. Saints' days were scarcely less 
objectionable to them than references to King Charles 
as a martyr. "Augt. 24, 1687. Bartholomew-day. In- 
dulgence for Liberty of Conscience published here." 
This was King James's first Declaration of Indulgence, 
of April 4, 1687. Again Sewall wrote: 

When came from the funeral, (of Mr. Morton) went to the 
Town-house, and there the L* Governour deliver'd Maj"^ Gen^ 
Winthrop, &c., their Comission for going to N-York. 

Apr. 15. Post comes to Town. Apr. 16. His Excellencies Letter 
to the L* Governour and council is read, dated Ap. 4. N. York. 
Thanks for Praying for Him, which saw by the order for the Fast; 
doubts not but far'd the better. Shall write more by the next, was 
now in pain by the Gout. 

[ 179 ] 



The Story of the 

Again on July 24, 1688, Sewall wrote Rev. Increase 
Mather, who was then in London, that "There was a 
Gallery erected last Thorsday, at the east end of the 
Town House, from whence His Excellency's new 
C omission was published, 8 Companys being in Arms. 
About two a clock the Lecture began, Mr. Lawson 
preached." 

November 3, 1688, Sewall notes that "Capt. White 
comes and presses me in His Majesties Name to ap- 
pear at the Townhouse compleat in Arms next Mon- 
day at 11. aclock;" and notes that Jonathan Wales 
offered to serve in his stead for five pounds, and he 
agreed with him and had him to the Market-place at 
the hour "where Capt. White listed him in my stead 
and dismiss'd me." Sewall was then preparing to go to 
England, and did go on November 22, 1688. 

Friday, January 17, 1689, Sewall notes that he " went 
after diiier to the Town-House, to Mr. Addington, 
from thence to Mr. Browning's, from thence with Mr. 
Cotton Mather to the Prisoners who were condemned 
on Friday." The prisoners were the pirates who were 
afterwards hanged on Boston Common. 

The Town House was also then used as a place of 
public prayer. Sewall records: "Wednesday, Decemb^ 
17, 1690. A Day of Prayer is kept at the Townhouse, 
Mr. Allen prays, Mr. Moodey preaches, Mr. Willard 
prays." Also : "June 17. Fast at the Townhouse, Magis- 
trates, Ministers : Mr. Hale, Bayly, Brinsmead, Torrey, 
Moodey, Willard pray, Mr. Lee preaches." 

The fasts and sermons and lectures in the Town 
House must have been objectionable to Sir Edmund 

[ 180 ] 



Old Boston Town House 

Andros, though he did not actually forbid them. But 
he faithfully and persistently carried out his instruc- 
tions. He established a strict censorship over the print- 
ing-press; and by many tyrannies excited and increased 
the actual hatred of the colonists for him and his au- 
thority. He permitted towns to meet once a year to 
choose their own officers, but forbade them to hold 
meetings at any other times or for any other purposes. 
He also appointed officials who extorted excessive fees 
from the people. When the news of the birth of a son 
to King James was received, Andros issued a proclama- 
tion for a general thanksgiving, and ordered the minis- 
ters in Boston to cause the proclamation to be publicly 
read in their congregations, which was much against 
their will. 

Schools and shops were closed by his order on Christ- 
mas. Rev. Joshua Moody wrote to Rev. Increase INIa- 
ther on the 8th of January, 1688-9, saying, "And the 
shutting up shops on X*mas day, & driving the m*^ out 
of the school on X'^mas Holy-daies are very grievous." 

The attendance of the Council under his government 

was very small in number, sometimes not more than 

four or five, but on January 28, 1686, they passed the 

following order restricting the freedom of the press : 

His Ex*^^ takeing notice of the great danger w^^ might ensue by 
permitting the use of Printing presses in Boston and in the Town 
of Cambridge unless speedily taken care of and thereupon ordered 
That no Papers, books or Pamphlets be henceforth printed either 
in Boston or Cambridge untill licensed according to law and that 
no printer be admitted and licensed to print untill he hath given 
five hundred pound bond to his Ma*^ in the Secretary's office 
not to print any unlicensed papers, books or pamphlets, That 

[181 ] 



Old Boston Town House 

copies of Books &c. to be printed be first perused by Mr Dud- 
ley late President and upon his allowance of them for the Press 
that one copie thereof so allowed and attested by him be brought 
to the Secrys office to be left on record and recieve from him an 
Imprimatur. 



[ 182 ] 



Use of the Town House by the Provisional 

Government: 1689-1692 

And by the Provincial Government under 

the Province Charter: 1692-1711 

NOVEMBER, 1688, the Prince of Orange landed 
in England, and the government there was 
changed by the accession of himself and his wife, as 
William and Mary. Information of this revolution in 
England was brought to Boston, April 4, 1689, by one 
John Winslow, who came from the island of Nevis, 
bringing with him a copy of the Prince's Declaration. 
Upon his landing Andros sent the sheriff to bring him 
to his house, and asked for the declaration, which 
Winslow declined to give to him, and Andros there- 
fore sent him to prison upon the charge of bringing 
"traiterious and treasonous libels" into the Colony. 

The declaration, however, was speedily printed and 
circulated as a broadside, and on April 18 the people 
rose throughout the town, seized the friends of Andros, 
including members of his Council, the sheriff, Randolph, 
and others, and confined them in the jail. To insure the 
safe keeping of these persons they also shut up in the 
jail the jail-keeper, and put Scates, "The Bricklayer," 
in his place. They also seized the captain of the royal 
frigate Rose, in the harbour, who was in the town, and 
shut him up in jail. Then Simon Bradstreet, Thomas 
Danforth, John Richards, Elisha Cooke, and Isaac Ad- 
dington, who were respectively governor, lieutenant 
governor, and of the Court of Assistants at the close 

[ 183 ] 



The Story of the 

of the government under the Charter in 1686, came 
to the Council Chamber in the Town House, and were 
joined by many prominent citizens of the town. There 
they drew up and sent to Andros the following paper : 

At the Toxvn-House in Boston,, April 18. 1689. 
SIR, 

0\^ Selves and many others the Inhabitants of this Town, and 
the Places adjacent, being surprized raith the Peoples sudden tak- 
ing of Arms; in the first motion whereof we were wholly ignorant, 
bei?ig driven by the present Accident, are necessitated to acquaint 
your Excellency, that for the quieting and securing of the People 
inhabiting in this Country from the imminent Dangers they many 
ways lie open and exposed to, and tefidring your oion Safety, We 
judge it necessary you forthxoith surrender and deliver up to the 
Government and Fortification to be preserved and disposed according 
to Order and Direction from the Crown of England, which sud- 
denly is expected may arrive ; promising all security from violence 
to your Self or any of your Gentlemen or Souldiers in Person and 
Estate : Otherwise we are assured they will endeavour the taking of 
the Fortification by Storm, if any Opposition be made. 
To Sir Edmund Andros Kt. 

This address was also issued as a broadside in black- 
letter, and a copy is now in the library of the Massa- 
chusetts Historical Society. 

Then a long paper, entitled " The Declaration of the 
Gentlemen, Merchants and Inhabitants of Boston and 
the Country Adjacent," which had obviously been pre- 
pared before, was read from the east end of the Town 
House. The imprint on this declaration is "Boston, 
Printed by Samuel Green and sold by Benjamin Har- 
ris, at the London Coffee House, 1689." 

Hutchinson says: "A long declaration was read from 
the balcony or gallery of the Town House. . . . There 

[ 184 ] 



Old Boston Town House 

would be room to doubt whether this declaration was 
not a work of time, and prepared beforehand, if it did 
not appear by the style and language to have been the 
performance of one of the ministers of Boston [Mr. 
Mather] who had a remarkable talent for very quick 
and sudden composures. Besides, it was not printed for 
several days after, and perhaps was corrected and en- 
larged." 

Andros surrendered and was brought from the Cas- 
tle to the Town House, and then confined for that 
night in the house of Mr. John Usher, opposite the 
Town House. The next day he was taken to the fort 
and there confined under strict guard. This uprising 
against the Andros rule was wholly Puritan. The Epis- 
copalians took no part in it, but described it in the 
records of King's Chapel as "a most impious and de- 
testable rebellion against the King's Majesty's Govern- 
ment." Governor Andros's own account of these excit- 
ing occurrences was that he went to the Town House, 
— it being the "Ordinary Councill day," — and that — 

When he came to the Councill Chamber he found severall of 
the sayd former popular Majestrates and other cheife p'"sons then 
p^'sent, with those of the Councill, who had noe suitable regard to 
him, nor the peace and quiet of the Countrey, but instead of give- 
ing any assistance to support the Government, made him a pri- 
soner and also imprisoned some members of the Councill and other 
officers, who in pursuance of their respective dutyes and stations 
attended on him, and kept them for the space of ten months und"" 
severe and close confinement untill by His Matins comand they 
were sent for to England to answer what might be objected to 
them, Where, after summons given to the p^'tended Agents of 
New England and their twice appearance at the Councill Board, 
nothing being objected by them or others, they were discharged. 

[185 ] 



The Story of the 

He also said: "The Confederates at Boston possessed 
themselves of all His Ma*^*^^ stores, armes ammunicon 
and other implements of warr, and disabled His Ma*'^^ 
man of war the Rose frigatt by secureing the Comand*^ 
and bringing her sayles on shoare ; and at the same time 
haveing imprisoned the secretary and some other of- 
ficers, they broke open the Secrys Office and seized and 
conveyed away all records papers and wrightings." 

When the news of the landing of William of Orange 
on the English coast was received in Boston, Andros 
wrote to a friend, "There is a general buzzing among 
the people, great with the expectation of regaining the 
old charter." 

On April 20, 1689, a provisional government was 
formed in the Town House, called " The Council for the 
Safety of the People and Conservation of the Peace." 
Simon Bradstreet, the last governor under the Charter, 
was made president. The Council asked the towns to 
send deputies, "not exceeding two for each town, ex- 
cept Boston four, to form an assembly;" and sixty-six 
persons, who were thus sent, met at Boston in the Town 
House and acted as representatives of the people. This 
government continued to administer the affairs of the 
Colony as a provisional government until the arrival 
of Sir William Phips with the new Charter, in 1692. 

In June the following order to remove the arms in 

the fort to the Town House was made and executed : 

Ordered That Capt Edw^^ Wyllys Comand'" in Cheif at the Fort 
in Boston take a True Jnventory of all the arms, that he finds 
left in the Fort, and Remove the Same to the Town house, tak- 
ing Care, that they be Secured from loss, and Spoil. 

[186] 



Old Boston Town House 

This provisional government of the Colony ruled un- 
til May 16, 1692, or a little more than three years. In 
the meantime, chiefly by the activity and ability of the 
Rev. Increase Mather, one of the three agents who had 
been sent to England to obtain a renewal of the Colony 
Charter, a new Charter was granted by William and 
Mary on October 7, 1691, and Sir William Phips was 
appointed governor under it. 

The new governor arrived at Boston with the new 
Charter, Saturday, May 14, 1692, towards evening. On 
Monday, the 16th, he was conducted from his house 
to the Town House by the troops, magistrates, minis- 
ters, and principal gentlemen of Boston and the adja- 
cent towns. Sewall notes that "Eight Companies and 
two from Charlestown guard Sir William and his 
Councillors to the Town House where the Comissions 
were read and Oaths taken." At the Town House 
prayer was first offered by the Rev. Mr. Allen, one of 
the ministers of Boston, and then the new Charter was 
published with sound of drum, and the governor's 
commission was read and published ; and then the ven- 
erable Bradstreet, who was the last governor under the 
old Charter, and had been president of the Council of 
Safety from the overthrow of the Andros government 
in 1689, resigned the executive chair to Governor Phips. 
Another prayer was then offered by the Rev. Mr. IVIor- 
ton, a minister of Charlestown, and the government 
under the second Charter began. 

This Charter recited the forfeiture of the old Charter, 
but confirmed the grants which had been made under 
it by the General Court, and united Massachusetts, 

[ 18^ ] 



The Story of the 

Plymouth, Elaine, and " Accada, or Nova Scotia," into 
one Province by the name of "Our Province of the 
Massachusetts Bay in New England." The government 
of this Province was to be by a governor, deputy 
governor, and secretary, appointed by the Crown, and 
twenty-eight assistants or councillors to the gover- 
nor, the first of whom were appointed by the Charter, 
Simon Bradstreet being the first named, to serve un- 
til May, 1693. Then their successors were to be chosen 
by the General Court, eighteen for Massachusetts, four 
for Plymouth, three for Maine, and one for the other 
territory of the Province. A "Great or General Court 
or Assembly" was to be held in May each year, and at 
such other times as the governor should appoint, con- 
sisting of the governor, the Council, and two freehold- 
ers elected from each town or place in the Province by 
majority vote of the freeholders and other inhabitants 
thereof The General Court was authorized to "erect 
judicatories and courts of record and other courts," the 
officers of which were to be appointed by the gover- 
nor, with the advice and consent of the Council. Pro- 
bate of wills and administration of estates was vested 
in the governor and Council. The General Court was 
authorized to make laws not repugnant to the laws of 
England, subject to the approval of the governor, and 
also to the approbation or disallowance of the Crown ; 
and the Charter provided that "forever hereafter there 
shall be a liberty of conscience allowed in the worship 
of God to all Christians (except papists) inhabiting, or 
which shall inhabit or be resident in our said Province 
or territory." 

[ 188 ] 



Old Boston Town House 

When the administration of Governor Phips under 
the new Charter began, the people of the Colony were 
much exhausted and impoverished by the long French 
and Indian wars. Their treasury had been bankrupted 
by the expense of the expedition to Quebec ; there was 
nothing with which to pay public creditors ; paper money 
was driving out real money ; payment of taxes was bur- 
densome and the collection of them exceedingly dif- 
ficult ; the authority of the courts was disputed, and 
practically everything had come to a standstill in the 
Colony, except the mere cultivation of the soil for sub- 
sistence. 

In addition to this, a strange delusion had come upon 
the people, called the "witchcraft delusion." The peo- 
ple of Massachusetts, in common with Christian people 
elsewhere at that time, believed in the existence of 
witchcraft, and it had always been a crime in the Col- 
ony punishable with death. The act against capital 
crimes provided that " if any man or woman be a witch, 
that is, hath or consulteth with a familiar spirit, they 
shall be put to death." Before the arrival of Governor 
Phips many accusations of the crime of witchcraft had 
been made, and nearly a hundred persons were then 
imprisoned and awaiting trial upon that charge. The 
new Charter provided that judicial courts should be 
constituted by the new General Assembly or General 
Court, but the members of that body were not then 
even chosen, and there was no legal court by which 
these persons could be lawfully tried. The state of the 
public mind, however, was such that they could not 
be released, and therefore Governor Phips, by the ad- 

[ 189 ] 



The Story of the 

vice of the councillors appointed in the Charter, con- 
stituted a special commission of seven persons to try 
these cases. 

This commission went out from the Town House, 
with the cruel and bigoted Stoughton at its head. In 
June they tried and condemned one Bridget Bishop to 
be hanged, and she was hanged. Four weeks after, this 
so-called court sentenced five women to be executed 
for witchcraft, and they were all executed. One of them, 
Mrs. Nourse, an eminent woman of excellent charac- 
ter, was at first acquitted ; but Stoughton sent the jury 
out again, instructing them that she had confessed her 
guilt, and they then returned a verdict of guilty. At 
the next session, in August, six persons, including one 
minister of the gospel, were convicted and executed. 
During the next month fifteen persons, six women in 
one day, and eight women and one man on another day, 
were tried, convicted and sentenced ; and eight of them 
were hanged. One of them, Giles Corey, who was eighty 
years of age, refused to plead, i. e. to answer guilty or 
not guilty, saying that the whole thing was an impos- 
ture, and he was pressed to death with heavy weights 
laid on his body, according to the rule of the English 
law subjecting persons to this punishment who refused 
to plead. In October the General Court met and con- 
stituted a regular court which superseded the special 
witchcraft commission. Twenty-six persons were in- 
dicted and tried before this court, but only three were 
found guilty, and these were all pardoned. 

Most of the judges and jurors who participated in 
these trials repented, and many of them publicly de- 

[ 190 ] 



Old Boston Town House 

clared their faults and entreated forgiveness. Judge 
Sewall, one of the commissioners, made written pubhc 
acknowledgment of his great offence in the South 
Church in Boston, and to the end of his life kept every 
year a day of private humiliation and prayer for his 
sins in that matter. 

In October, 1710, the last year in which the Town 
House stood, the General Court sitting therein passed 
an act annulling all the convictions for witchcraft 
twenty years before, and making grants to the heirs of 
those who had been executed in acknowledgment of 
their pecuniary losses, and thus some tardy atonement 
was made in the Town House for the great wrongs 
which had been done under a commission issued from 
it nearly twenty years before. 

The witchcraft delusion among the Massachusetts 
people, however, was not peculiar to them. It had ex- 
isted for centuries. In 1484 Pope Innocent VIII pro- 
claimed the wide prevalence of the crime and enforced 
on all good Catholics the duty of extirpating it, which, 
it has been calculated, caused the death of not less than 
one hundred thousand people in Germany alone. In 
the next century a thousand witches are said to have 
been slaughtered in Lombardy, and in the century fol- 
lowing about five hundred persons charged with witch- 
craft were executed in the republic of Geneva, the 
home of Calvin, which had then a population not more 
than half the population of JNIassachusetts when twenty 
people were there executed for witchcraft. Similar de- 
lusions existed in Sweden and in England. At the time 
of the Long Parliament more than one hundred peo- 

[ 191 ] 



The Story of the 

pie were executed for witchcraft in Essex and Sussex 
alone, with the approbation of the ministers. In the year 
that King Charles was executed it is said that fourteen 
women were burned as witches in a village that had 
but fourteen families. 

After the arrival of Governor Phips a new General 
Assembly was elected, and government under the pro- 
vincial Charter began. The new government was ad- 
ministered from the Town House, where the General 
Assembly and the courts sat, and in which the gover- 
nor and Council sat in the Council Chamber. The build- 
ing was still called by the people the Town House, al- 
though officially it was known as the Province House. 
The colonists, who had maintained a practically inde- 
pendent government under the old Charter for nearly 
half a century, did not readily yield to a government 
under which the governor was appointed by the Crown, 
and the election of councillors, although by the Gene- 
ral Assembly, was subject to the approval of the gov- 
ernor; and the power reserved by the Charter to the 
English government of disapproving any law of the 
province within three years, though not at first a cause 
of trouble because the power was not at first exercised, 
ultimately gave great dissatisfaction. 

Phips was a man of violent temper which brought 
him into many personal encounters and difficulties, 
and finally, in November, 1694, caused him to be re- 
called to England, where he died in February, 1695. 
This left the office of governor to be administered by 
Lieutenant-Governor Stoughton. The following curi- 

[ 192 ] 



Old Boston Town House 

ous entry in SewalFs "Diary" shows how Stoughton's 
taking up the duties of governor was received : 

Dec. 4, 1694. Lieut. Governour calls at 's entrance into the 
Town; I told him I had spoken to Mr. Willard to pray; tells 
me of his intended Treat at Mr. Coopers, and enquires whom He 
had best to invite. Between 2. and 3. P. M. we meet at Mr. Sec- 
retaries, from thence go to the Townhouse; viz. Lieut. Gover- 
nour, Mr. Danforth, Gedney, Russel, Cook, Phillips, Brown, 
Hathorne, Addington, Sewall, Lynde, Hook, Sergeant. Mr. Wil- 
lard prayed. Then Lieut. Governour made a brave Speech upon the 
occasion of the Government's being fallen on Him. After this Col. 
Hutchinson came in and made 13. . . . Lieut. Governour invites, 
and we go to Mr. Cooper's, where a Splendid Treat is provided, 
most cold meat. Councillors, Ministers, Justices there, and Col. 
Shrimpton, Mr. E"" Hutchinson, &c. Mr. Increase Mather Crav'd 
a Blessing; Mr. Willard return'd Thanks. I mov'd Mr. Willard 
and Mr. Cotton Mather, that, seeing the Old and South Church 
fell short in their singing on the Thanksgiving-day, might make 
it up now, if they saw meet: Mr. Willard said would sing what 
He intended then, prevented by the night: Ask'd Lieut. Gov- 
ernour and read the 47. Ps. Clap hands. — Spake to me and I 
set it. 

During the administration of Stoughton the home 
government began to exercise its power of disallowing 
the colonial laws. The first General Court under the 
provincial Charter had enacted as their first statute a 
provision that all the local laws which had been made 
under the old colonial Charter, that were not repugnant 
to the laws of England and inconsistent with the new 
Charter, should be in force, until the November follow- 
ing, at which time this provision was renewed without 
limitation of time. But before the three years elapsed, 
the Privy Council disallowed this act, and directed that 

[ 193 ] 



The Story of the 

in any new law for the same purpose the laws to be 
continued should be particularly specified. Fifteen of 
the forty-five acts passed at the first two sessions of 
the General Court under the new Charter were disal- 
lowed by the Privy Council in one day, among others 
the one incorporating Harvard College, because no 
power was reserved in it to the King to appoint visi- 
tors. An act for the prevention of illegal imprisonment 
was disallowed, because the writ of habeas corpus had 
not been in any of the colonies ; and an act declaring 
that the colonists were exempt from all taxes except 
those levied by the General Court was also disallowed. 
On July 12, 1696, Sewall records that he "went to the 
Townhouse and after a while P {per) Mr. Whittingham 
rec'd the Packet which makes void many of our Laws ; 
viz. Courts, Colledge, Habeas Corpus, Forms of Writts 
&c. and Confirms many others." The home government 
began also to enforce the navigation laws, to which the 
colonists had always objected. 

Finally after much delay, caused, perhaps, in part by 
these difficulties, the Earl of Bellomont, an Irish peer, 
was appointed governor, not only of the Massachusetts 
Province, but of New Jersey and New Hampshire as 
well, and reached New York in April, 1697. He re- 
mained in New York nearly a year, when he came to 
Massachusetts in answer to a request from the Gene- 
ral Court. Much difficulty had arisen before his arrival 
in establishing the courts of the province. Laws passed 
by the General Court for that purpose had been re- 
peatedly disallowed in England ; but finally, under the 
administration of Bellomont, a law was passed which 

[ 194 ] 



Old Boston Town House 

was not disallowed, and the judicial system of the 
Colony was permanently established. 

Bellomont,or as he was termed from his family name, 
Governor Coote, remained in the province only about 
fourteen months. He was amiable and personally agree- 
able, and the General Court made two grants to him 
as governor of a thousand pounds each, larger grants 
than ever made to a governor before or after. Com- 
plaint was made that these grants were always declared 
by the General Court to be presents, or to be given in 
their own discretion, and the royal governors continu- 
ally urged that their salaries should be put upon a fixed 
basis, which the General Court would never do. Bello- 
mont died in New York in March, 1701, and Stough- 
ton again, as acting governor, ruled in the Council 
Chamber until his death in July of the same year. Then 
under the provision of the Charter the Council became 
the chief executive and exercised the powers of the 
governor from the Council Chamber in the Town 
House, until the arrival of Joseph Dudley as governor 
June 11, 1702. A committee of the Council, of which 
Sewall was one, was sent to meet him. Sewall's ac- 
count of what took place, including his own speech, was 
written by him in his diary at length as follows : 

Mr. Addington, Eliakim Hutchinson, Byfield and Sewall, sent 
per the Council, go with Capt Crofts in his Pinace to meet the 
Governour, and Congratulat his Arrival; We get aboard a little 
before got within Point Alderton; Capt Heron introduced us; 
After had all saluted the Gov*". I said, 

"Her Majesty's Council of this Province havecomanded us to 
meet your Excellency, and congratulate your safe Arrival in the 
Massachusetts Bay, in quality of our Governour: Which we do 

[195] 



The Story of the 

very heartily; not only out of Obedience to our Masters who sent 
us ; but also of our own accord. The Cloaths your Excellency sees 
us wear, are a true Indication of our inward Grief for the De- 
parture of K. William. Yet we desire to remember with Thank- 
fullness the Goodness of God, who has at this time peacably 
placed Queen Anne upon the Throne. And as Her Majesty s Name 
imports Grace, so we trust God will shew Her Majesty Favour; 
and Her Majesty us. And we look upon your Excellency's being 
sent to us, as a very fair First-Fruit of it, for which we bless God 
and Queen Anne," 

I was startled at 2 or 3 things; viz. The L*. Governour (Tho- 
mas Povey) a stranger, sent, whom we knew nor heard anything 
of before : When the Gov'' first mentioned it, I understood him 
of Mr. Addington. I saw an ancient Minister, enquiring who it 

was, Governour said, twas G Keith, had converted many in 

England, and now Bp. London had sent him hether with Salery 
of 200. Guineys per anum. I look'd on him as Helena aboard. 
This man crav'd a Blessing and returned Thanks, though there 
was a chaplain of the Ship, and another Minister on board. Gov- 
ernour has a very large Wigg. Drink Healths, About one and 
Twenty Guns fired at our leaving the Centurion; and Cheers, 
then Capt Scot and another Ship fired. Castle fired many Guns; 
Landed at Scarlet's Wharf, where the Council and Regiment 
waited for us; just before came at the North-Meetinghouse Clock 
struck five. Was the Troop of Guards, and Col. Paige's Troop. 
March'd to the Townhouse. There before the Court; Ministers, 
and as many else as could crowd in, the Governour's and L^ 
Gov'"^. Comissions were published; they took their Oaths laying 
their hands on the Bible, and after Kissing it. Had a large Treat. 
Just about dark Troops Guarded the Gov^ to Roxbury. He rode 
in Major Hobby's Coach Drawn with six Horses richly harnessed. 
By mistake, my coachman stayed in the yard, and so Joseph and 
I went alone. Foot gave 3 very good Volleys after the publica- 
tion of the Comissions, and were dismissed. Mr. Mather crav'd a 
Blessing and Mr. Cotton Mather return'd Thanks. 

Dudley had been perhaps the most unpopular man 

in the Colony, and in the revolt of 1689 was arrested 

[ 196 ] 




%cu^A ^M^xd/e^ 



Old Boston Town House 

and imprisoned for about five months by the Brad- 
street provisional government. He went to England 
upon his release, and was afterwards governor of the 
Isle of Wight and member of Parliament. It was a 
strange turn of fortune when he came back to the Town 
House as a royal governor under Queen Anne. He was 
a man of craft, intrigue, and of great abihty. As gover- 
nor he aped royalty and required the speaker and Gen- 
eral Court to attend before him. On his arrival, fol- 
lowing the example which had first been set by Bello- 
mont, of addressing the legislature in a speech, he made 
an address to the General Court which provoked much 
popular indignation, and they took no action upon any 
of his proposals for legislation except to make him a 
grant of five hundred pounds. 

Dudley was governor during the last nine years of 
the life of the Town House. The first part of the time 
there was constant discord between him and the Gen- 
eral Court. He asked them to appropriate money for 
fortifications in the Province outside of Massachusetts, 
which they steadily refused to do. He insisted that they 
should provide fixed and permanent salaries for the gov- 
ernor and the judges, and this they persistently refused 
to do. He desired them to appropriate money to be 
spent at his discretion, and they refused to appropriate 
money for any purpose not specified in the act of ap- 
propriation. He exercised his power to disapprove the 
election of councillors against those who had been his 
former opponents and in favour of his personal friends, 
and the General Court resented this by reducing their 
grants for his salary. But time and custom ease all 

[ 197 ] 



The Story of the 

things, and gradually these difficulties were either re- 
conciled or tolerated by both parties, except that the 
General Court wisely retained the power of the purse, 
and would make no fixed grants of salaries to a royal 
governor or his appointees. Dudley was of the Puritan 
stock, and desired to keep his office and his home in 
the Colony, and the colonists, beneath all their objec- 
tions to him and his rule, feared that if he ceased to be 
governor they were likely to have a worse one in his 
stead. 

The last few years of the life of the Town House 
were unfortunate days for the Colony and the town. 
The population of the town had ceased to increase. In 
1705 only seven new inhabitants were admitted; in 
1706, two; in 1707, one; in 1708, four; in 1709, five; 
and in 1710, two. Paper money, called bills of credit, 
had been issued to such an extent as to drive good 
money out of the Colony, and in 1708 Dudley asked 
the General Court to pass laws to prevent bills of credit 
being "undersold." Municipal officers in Boston were 
complained of and preached against as administering 
the affairs of the town for their selfish purposes. The 
affairs of the town had come into such disorder that 
in order to remedy them a committee of thirty-one citi- 
zens, including the selectmen, was appointed to draft 
an act of incorporation as a city or borough, and such 
an act was reported to the town meeting and voted 
down March 14, 1709, by a large majority. 

The following from Sewall's "Diary" shows the 
Puritan feeling as to uses made of the Town House 
during the last years of its existence : 

[ 198] 



Old Boston Town House 

November 5, 1697, he notes: "Guns fired with respect to the 
King's Birth-day. At night great Illumination made in the To^wti- 
house Governour and Council and many Gentlemen there." 

Feb^ 5th. 170|. Col. Elisha Hutchinson. Col. Penn Townsend, 
Capt. Andrew Belcher, and Samuel Sewall rid to Roxbury in the 
Hackney coach; Capt. Jeremiah Dumer, Mr. Edward Bromfield 
on horseback : Went on purpose to speak to the Governour against 
having Illuminations, especially in the Town house; That so the 
profanation of the Sabbath might be prevented. I said twould be 
most for the Honor of God; and that would be most for the 
Honor and Safety of Queen Anne. Governour said twould be hard 
for him to forbid it, considering how good the Queen was, what 
successes God had given her. I answered. It could not be intro- 
duced into the Town-house without his Excellency's Order, for 
under his Excellency the Government of the Town was (partly) 
comitted to us. Gov'" answer'd not a word. Others urged our Law, 
the Grief of Good People, his best Friends. And I think all was 
said between us, that could be said. 

Tuesday, Apr. 23, 1706 Govr. comes to Town guarded by the 
Troops with their Swords drawn ; dines at the Dragon, from thence 
proceeds to the Townhouse, Illuminations at night. Capt.Pelham 
tells me several wore crosses in their Hats; which makes me re- 
solve to stay at home; (though Maxwell was at my House and 
spake to me to be at the Council-Chamber at 4. p. m.) Because to 
drinking Healths, now the Keeping of a Day to fictitious St. 
George, is plainly set on foot. 



[199] 



Destruction of the Town House 

I AM loth to write of the destruction of the Town 
House. The study of the people by whom it was 
built, of their use of it, of what they did in and about it, 
makes them all real and personal. We can see the little 
band of Puritans under Winthrop building their rude 
dwelhngs about the Great Street and along the High 
Street, and in the crooked ways leading out of these, 
and slowly adapting their customs and making their 
laws to suit the conditions about them. We can see the 
pious Captain Keayne laboriously writing the pages of 
his voluminous will, framed not only to vindicate him- 
self from injustice, but also to benefit the citizens of the 
town ; and considering the question of a town house 
with a market beneath, a conduit for the supply of 
water by its side, and rooms for the selectmen and the 
elders, the town meetings, and a library chamber within. 
We can see the inhabitants giving of their scanty 
means in small moneys and in produce and merchan- 
dise to add to the bounty of Captain Keayne sufficient 
to build the Town House. We can see the people help- 
ing at the raising of the building, and watching its 
construction with all the interest which that first great 
public work in Boston naturally excited. We can see 
the building standing in simple civic dignity at the head 
of the Great Street, encircled within its arms, with the 
High Street stretching southward to the fields and 
northward to the sea, and with the narrow Prison Lane 
leading westward by the prison and the school-house 
to the burying-ground. We can see the sober, sombre 

[ 201 ] 



The Story of the 

faces of the Puritans at the first town meeting in the 
Town House, and in the use of "the Uttle room" for 
the selectmen, the Library Chamber and the granary 
in the Town House. The structure doubtless seemed as 
commodious and perfect to them as any public build- 
ing since erected in Boston has seemed to their descend- 
ants. 

We can see orderly civil government slowly worked 
out by the debates and the contests within the wooden 
walls of the Town House; executive, legislative and 
judicial functions separated, the right of taxation lim- 
ited, a code of written laws established, and all the 
fundamental principles which underlie our constitu- 
tional government in JNIassachusetts to-day practically 
established by the Puritan colony in the Boston Town 
House. 

We can see the citizens of Boston in their town 
meetings, instructing their representatives in the Gen- 
eral Court as well as dealing with the various subjects 
of municipal government, regulations for building, care 
of streets, laying out of highways, primary education, 
industrial education, protection against fire, providing 
for the watch and ward and the policing of the town, 
regulating the hours and prices of labour, providing for 
the relief of the poor, and governing in their action all 
the necessities of the people as they slowly developed 
an efficient municipal government. 

We see the shops of the artisans, the traders, and the 
booksellers cluster about and beneath the Town House, 
and all the commercial and intellectual activities of the 
town come to be there centred. 

[ 202 ] 



Old Boston Town House 

One seems to be acquainted with the leaders in all 
this, and to see Endicott, Leverett, Bellingham, Brad- 
street, Stoughton and Sewall; and Wilson, Mather, 
Mayhew and Cotton, ministers of Boston, walk the 
crooked streets of the little town and sternly rule its 
affairs. 

We see Andros,the representative of royal authority, 
clad in scarlet and in lace, walk up the Great Street, 
and take possession of the Town House as a Province 
House after the revocation of the Colony Charter. We 
see him, dominant and despotic, summoning the minis- 
ters of Boston to the Library Chamber and command- 
ing them to open their meeting-houses to the worship 
of the English Church. We can imagine the surprise of 
this soldier of fortune and representative of power when 
he met a resisting force of which he had never dreamed, 
— the Puritan conscience, — and was firmly told by the 
ministers that what he demanded could not be because 
it "did entrench upon their conscience." We can see 
him yielding for a time to a compromise by which in 
the Library Chamber of the Town House worship ac- 
cording to the Church of England was first had in Bos- 
ton "by authority," and then later, impatient with op- 
position, forcibly seizing upon the Old South Meeting- 
house for that worship. We can see the uprising of the 
people against Andros and see him brought to the Town 
House and imprisoned ; and then see the mild rule of 
Bradstreet and the provisional government, and finally 
a government established in the Town House under 
a new charter as a compromise between the colonists 
and the Crown. We can see Dudley vainly striving 

[ 203 ] 



The Story of the 

with all his great ability to make the compromise of 
the new charter acceptable to the Crown and to the 
colonists. 

We can see commerce and trade increase, a church 
provided for worship by members of the Church of 
England, even a Quaker meeting-house officially ap- 
proved, and the stern severity of the Puritan rule slowly 
modified and relaxed. 

The Town House was the centre of all this and more, 
and one does not willingly write of its destruction. I 
wish it could have stood down to the present time, like 
the old Rathhauses of Germany and the ancient muni- 
cipal buildings of England, as a visible evidence of the 
early conditions of Boston and of the Colony, and a 
perpetual reminder of the olden time and of the trials, 
the suffering and endurance of the Puritans, whose con- 
scientious persistence achieved so much for liberty and 
law. But this was not to be. It was destroyed in 1711, 
and its destruction came by fire, that greatest danger 
to which the early settlers of Boston were exposed. 

There was no regular laying out of streets, and the 
original territory was so limited that the allotments 
to the settlers were necessarily small. The ways upon 
which the early dwellings were built were crooked and 
narrow; for lack of other material their houses were 
mainly of wood and with thatched or wooden roofs. In 
1653 there was a fire which destroyed many dwellings. 
In 1675 the North Meeting-house, several warehouses, 
and about forty-five dwellings were destroyed by fire. 
In 1679 a fire destroyed eighty dwelling houses, seventy 
stores, and several vessels lying at their docks. 

[ 204 ] 



Old Boston Town House 

In consequence of this fire in 1679, the first building 

law was passed as follows: 

This Court having a sense of the great Ruines in Boston by 
Fire, and hazard still of the same by reason of the joyning and 
nearness of their buildings; for prevention of damage and loss 
thereby for future, Do therefore Order and Enact; That hence- 
forth no dwelling house in Boston shall be erected and set up, ex- 
cept of stone or brick, and covered with Slate or Tyle, on penalty 
of forfieting double the value of such buildings, unless by allow- 
ance and liberty obteined otherwise from the Magistrates, Com- 
missioners and Selectmen of Boston, or major part of them. 

The execution of this law was suspended the next 
year for three years, the General Court saying they did 
it "considering the present inability of many Persons 
that have suffered great loss by the late Fire, to rebuild 
with Brick or Stone." 

In 1683, however, the General Court again ordered — 

That henceforth no Dwelling-house, Warehouse, Shop, Barn, 
Stable, or any other Housing, shall be Erected and set up in Bos- 
ton, except of Stone, or Brick, and covered with Slate or Tyle; 
on penalty of forfeiting one hundred pounds in Money to the use 
of the said Town for every House built otherwise, unless by al- 
lowance and liberty obtained from this Court, from time to time. 

In 1692 this law was modified so that it should be 
lawful "to Erect any small building; Providing, it do 
not exceed eight Foot square, and seven Foot studd, 
of Wood or Timber; any Law to the contrary not- 
withstanding : Provided they have the Approbation of 
the Select-men of said Town." 

Permission to build larger wooden buildings was, 

however, frequently granted by the selectmen, and 

even meeting-houses were constructed of wood. Sewall 

makes the following quaint entry in his diary under date 

[ 205 ] 



The Story of the 

of August 23, 1708 : *'mane. at Council, A Petition for 
building a Quaker Meeting-house with Wood, pass'd 
by the Selectmen and Justices of the Town ; was now 
offer'd to the Gov*^ and Council: I opposed it; said I 
would not have a hand in setting up their Devil Wor- 
ship." 

At last the dreaded calamity occurred, and the Town 
House was destroyed by a great fire on October 2, 
1711. This fire also destroyed the homes of over a hun- 
dred families, a large part of what is now State Street 
and Washington Street, and the meeting-house. The 
best account of it is found in "The Boston News-Let- 
ter," as follows : 

The Boston News-Letter. Numb. 390. 
From Monday October 1, to Monday October 8, 1711. 

Boston. On Tuesday the second of October, about eight a Clock 
in the Evening, a Fire broke out in an old Tenement within a 
back Yard in Cornhill, near to the First Meeting-House, occa- 
sioned by the carelesness of a poor Sottish Woman by using Fire 
to a parcel of Ocum, Chips and other combustible Rubbish, which 
soon raised a great Flame, and being a time of great drought, 
and the Buildings very dry, the Flames took hold of the Neigh- 
bouring Houses, which were high and contiguous in that part, 
notwithstanding all application and diligence to extinguish and 
prevent the spreading thereof by throwing of Water, and blow- 
ing up of Houses. The Fire made its progress throughout Corn- 
hill on both sides of the Street, and on both sides of the upper 
parts of King and Queens-street; the Town-House and the Meet- 
ing-House, with many fair Buildings were Consumed, and several 
persons kilFd and burn'd. 

Some Gentlemen took care to preserve Her Majesties Picture 
that was in the Town-House. 

Sewall notes the fire as follows: 

[ 206 ] 



BEWAILED: 



IN A 



SERMON, 

Occafioned by the 

Lamentable FIRE 

Which was in BOSTON, Oaob. 2. 
I 7 I I . 

In which the Sins which Pro- 
voke the LORD to Kindle 
5Fit0S, are Enquired into. 

By increase flpatt)er, d.d. 

Pfal. LXXVIII. 21. The Lord heard this, and 
was Wroth: So a Fire was Kindled against 
Jacob ; aiid Anger alfo came up againft Ifrael. 

Luke XIII. 4, 5. Thofe Eighteen upon wih:om th:e 
Tower of Siloam fell, l£ few them, think you 
that they were Sinners above all men that dwelt 
in Jerufalem? / tell you. Nay, but except you 
Repent, you fall all likewise Perif. 

Bojion Piinted: Sold by Timothy Green, 1 711. 



Old Boston Town House 

jr^ 18^^. Third-day, set out for Boston ; Baited at Dedham. Re- 
fresh'd our selv's at Mr. Belcher's: Got well home a little after 
Diner time: we recreated our selves with Mr, Watt's Poems, go- 
ing and coming, Laus Deo Servatori. About 7 or 8 aclock of the 
night between the 'H^ and 3*^ of October, a DreadfuU Fire hapens 
in Boston; broke out in a little House belonging to Capt.Ephraim 
Savage, by reason of the Di'unkenness of Moss ; Old Meet- 
ing House, and Town-House burnt. Old Meeting-house had stood 
near 70. years. I had a house burnt, wherein Mr. Seth Dwight 
was Tenant, who paid me Twenty pounds per aiium, Oct. S. The 
Lt, Gov*", Taylor arrives. He saw the Fire 20 Leagues off. 

Octohr. 11. Fifth-day, Fast. A Collection was made for sufferers 
by the Fire; Two Hundred Sixty odd pounds gathered at the 
South church, the oldest Meetinghouse in Town. 

The ministers immediately improved the occasion 
by sermons and moral admonitions. The sermons not 
only give information as to the fire, but are interesting 
side-lights upon the times. 

Increase Mather preached a sermon in the North 
Church, which was printed with the title-page shown 
on the facing page. 

In this sermon, copies of which are now very rare, 

Mather discoursed upon many things connected with 

fires, with all the abundance of Scriptural quotation 

which he so much affected. Among other things he said : 

Desolating Fires are an awful Judgment, but of the Lords 
kindling. When the Children of Ifrael were encamped in the 
Wildernefs, the Fire of the Lord hurft among them, and conjiimed 
them that were in the utmojt parts of the Camp; Mofes called the 
name of that place Taberah, (which fignifies Burning,) becaiife 
the Fire of the Lord burnt among them. 

He referred to fires in various towns in England, 
and especially to the great fire in London on Septem- 
ber 2, 1666, and then passed in review all the previous 

[ 207 ] 



The Story of the 

great fires in Boston. Speaking of the fire he said : 

It is in refpect of fome Circumftances attending it, the moft 
Awful Stroke from God that ever came upon Bofton^ or upon 
New-England. Many Houfes are in Afhes; and more than an 
Hundred Families Burnt out of Doors. An Houfe fet apart for 
Solemnizing the Worfhip of God, is laid in Ruines. ... In this 
difmal Night the Town-Honfe alfo, in which our General Af- 
femblies, Councils, and Courts of Judicature were wont to Meet, 
and in which Two Synods have Sat, was Confumed with the Fire; 
and in that there is an Awful Voice from Heaven fpeaking to the 
whole Province. . . . There is another Particular which makes a 
peculiar Accent of Sorrow in this Burning, viz. That many Lives 
have been Tragically Loft ; the like (as to Number) has not been 
in former Fires amongft us. We know not how many there are 
who have thus Perifhed. Tis fuppofed Eight Perfons at leaft, 
fome think many more. 

But, he said: 

We have caufe to Sing of Mercy ^ as well as to Lament under 
Judgment: Sparing Mercy in that the Town has ftood fo long: 
It is almoft a Miracle, that fuch a Timber Town has ftood for fo 
many years, confidering how many prodigious Sinners there are, 
who rejoyce at fuch Calamities, hoping for an opportunity to 
Steal their Neighbours Goods : And how many carelefs Servants, 
and how many Drunken Wretches there are in the Town : The 
Fire we now Bezvail this day, is fuppofed to be occafioned by a 
wicked drunken Woman. And let thofe who have their Houfes 
taken from them, be Thankful that it was not done fooner. 

He preached against the sins of the people of Bos- 
ton, especially against extravagance in dress, saying: 

The Word of God allows thofe who areMenof Eftates and fuch 
as are in Place and Dignity above others, to be diftinguifhed by 
the Coftlinefs of their Apparrel. If they who are in Kings Houfes 
are Cloathed infoft raiment, if they wear Silk, and Sattens, and 
Velvet, and Purple and Silver and Gold, there is no offence to 
Heaven in it; but for Poor People to do fo, is infuiferable Pride. 

[ 208 ] 



Old Boston Town House 

He then preached particularly against the wearing 
of wigs, saying: 

I doubt not but that a man who has lost his Hair by Sicknefs 
or by Age, or if his Health require it, may as lawfully make ufe 
of a modeft Wig or Border, as of a Cap, or Hat. I never said or 
thought otherwife; but I have faid, & do fay, That fuch Mon- 
strous Periwigs, as fome ; Nay, as fome Church-Members indulge 
themfelves in the wearing of, which make them refemble the Lo- 
cufts that come out of the bottomlefs Pit; whofe Faces were as 
the Faces of Men, (^ they had Hair as the Hair of Women, 
Rev. 9. 7, 8. are a Badge of Pride, and (as an Eminent Divine calls 
them) Horrid Bufhes of Vanity; and that fuch Strange apparel 
is contrary to the light of Nature, and to Exprefs Scripture. 

But are not many among us guilty of this (as well as of other 
forts of) Pride.? And they regard neither God nor man that tef- 
tifies againft them. And none more guilty than the poorer and 
meaner fort of people all the Country over. They will go above 
their Quality, above their Parentage & above their Estates. When 
they have fcarce Bread to eat, yet they will be fine and fafhion- 
able, and appear in their Silks and Braveries, as if they were the 
beft in the Land. I declare unto you, that fuch Pride is enough 
to provoke the Lord to kindle Fires in all the Towns in the Coun- 
try, where this Iniquity does abound. 

Then he said : 

Has not God's Holy Day been Prophaned in New-England ? 
Has it not been fo in Boston this Laft Summer, more than ever 
fince there was a Chriftian here.? Have not Burdens been carried 
thro' the Streets on the Sabbath Day ? Have not Bakers, Carpen- 
ters and other Tradefmen been employed in Servile Works, on the 
Sabbath Day.? When I faw this ... my Heart faid, Will not the 
Lord for this Kindle a Fire in Boston? 

When men pretend to Serve God, and yet Serve Mammon 
with their whole Hearts, the Lord either by Water or Fire takes 
away their Mammon. When the World is become an Idol, He 
cafts it into the Fire. When an Houfe & Furniture is Idolized, by 
Men or Women, the Jealoufy of God Kindles a Fire on it. Re- 

[ 209 ] 



The Story of the 

member Lofs Wife: Her heart was Idolatroufly fet upon what flie 
had in Sodom; and you know what befel her. Yea, remember Lot 
himfelf: Notwithftanding he was a Righteous man, the World 
had too much of his Heart. And did not God Fire him out of all 
his Eftate? Now then fay, Is not this Sin found in New-England ? 
And is it not attended with much Sacriledge? Thro' out the 
whole Land, men with-hold from God more than is meet; and it 
tends to Poverty. Ah! New- England, what Lamentation fhall I 
take up for thee ? Thou hast changed thy Intercft. Thy Intereft 
was Pure Religion; which is more than can be faid of any other 
Plantation in the whole World. Our Fathers came not into this 
Land to get Eftates, but to Build Houfes for God, & fet up the 
Kingdom of Christ in the Spiritual Glory of it, where His 
Name had not been known. They weiit after Him in the Wilder- 
nejs, in a Land that was not Sowen : They fought the Kingdom 
of God & His Righteoufnefs in the Firft place; and He was 
pleafed to add other things to them, beyond their Expectation. 
But how is it at this Day? Men do not now come to New-Eng- 
land for the fake of Religion; but of the World, to get Riches 
if they can. 

In conclusion he said, with a mixture of piety and 

prudence : 

We ought to be affected with the Mercy of God in that the 
whole Town was not confumed. If the Wind (which the Lord 
holds in His fift) had then been fo high as fmce that fatal night 
it has been, few Houfes would have been left ftanding in Bofton. 
We in this North-End of the Town, have great caufe to acknow- 
ledge the Mercy of God in fparing us at this time: For indeed 
we were in eminent danger, flakes of fire falling upon the Houfes 
hereabouts, & but few of the Dwellers in this part of the Town 
remained in their Houfes to fecure them, in cafe any of them 
fhould have taken fire; from which a gracious Providence, (but 
x\o\. OMX Prudence^ has preferved them. Let me advife you, if ever 
the like occafion fhould happen, (which Mercy forbid) not to 
leave your own Habitations, without a fufficient Number to de- 
fend them. 

[ 210 ] 



, 



^Advice from TABE1{AH, 

A SERMON 

Preached 
After the Terrible 

FIRE 

Which, (attended with Some very 

Lamentable and Memorable cir- 

cumftances, On OB. 2, 3. 171 1.) 

Laid a Confiderable Part of BOSTON, 

in Afhes. 
Dire6ling a Pious Improvement of 
Every Calamity, but more Efpe- 
cially of fo Calamitous a Defolation. 

IBp COTTON MATHER, D.D. 

Numb. XI. 3. 

And he called the Name of the Place TABERAH 

becaufe the Fire of the Lord burnt among them. 

BOSTON in N. E. Printed by B. Green; 
Sold by Samuel Gerrijh^ at his Shop at the 
Sign of the Buck over againft the South 
Meeting-Houfe. i 7 i i . 



Old Boston Town House 

Cotton Mather also preached a sermon in the South 
Meeting-house, which was printed, and but few copies 
of which still remain. The title-page is here reproduced. 
The sermon was preceded by the following statement 
as to the cause and extent of the fire : 

The Occasion. 

Beginning about Seven a Clock in the Evening, and Finishing 
before Two in the Morning, the Night between the Second and 
Third of October, 1711. A terrible Fire Laid the Heart of Bos- 
ton, the Metropolis of the New-English America, in Ashes. The 
Occasion of the Fire, is said to have been, by the Carelessness and 
Sottishness, of a Woman, who Suffered a Flame which took the 
Okum, the Picking whereof was her Business, to gain too far, be- 
fore it could be mastered. It was not long before it reduced Corn- 
hill into miserable Ruines, and it made its impressions into King- 
Street, and Qtieen-Street, and a great Part of Pudding-Lane was 
also Lost, before the Violence of it could be Conquered. Among 
these Ruines, there were Two Spacious Edifices, which until now, 
made a most Considerable Figure, because of the Publick Rela- 
tion to our greatest Solemnities, in which they had stood from 
the Dayes of our Fathers. The One was, the Town-House: the 
Other, the Old Meeting-House. The Number of Houses, and 
Some of them very Capacious Buildings, which went into the Fire, 
with these, is computed near about an hundred, and the Fami- 
lies which inhabited these Houses, cannot but be very many more. 
It being also a Place of much Trade, and fill'd with well-furnished 
Shops of Goods, not a little of the Wealth of the Town was now 
consumed. But that which very much added unto the Horror of 
the Dismal Night, was the Tragical Death of many Poor Men, 
who were killed, by the Blowing up of Houses; or by Venturing 
too far into the Fire, for the Rescue of what its fierce Jaws was 
ready to Prey upon. Of these, the Bones of Seven or Eight are 
thought to be found ; and it is feared, there may be some Stran- 
gers, belonging to Vessels, besides these, thus buried, of whose 
unhappy circumstances we are not yet apprised : And others have 
since died of their Wounds. 

[m ] 



The Story of the 

Thus the Town of Boston, just going to get beyond Fourscore 
years of Age, and conflicting with much Labour and Sorrow, is, 
a very Vital and Valuable part of it. Soon Cut off and flown 
away! 

And yet in the midst of these Lamentations we may say; Tis 
of the Lords Mercies, that we are not Co7isunied. Had not the 
Glorious Lord who has gathered the Wind in His Hands, Merci- 
fully kept under the Wind at this Time, He alone knows how, 
much more of the Town must have been Consumed ! 

A Great Auditory of the Inhabitants, with many from the 
Neighbouring Towns, coming together, on the Ensuing Thurs- 
day, that they might hear the Lnstructions of Piety, which might 
suit the present & grievous Occasion : One of the Ministers, who 
is also a Native, of the Town, entertained them with the Ensuing 
Sermoyi, which is now by the way of the Press, made a more Dur- 
able and a more Diffusive Memorial, of a Divine Dispensation, 
which may not quickly be Forgotten. 

No part of the structure of the Boston Town House 
now exists, no certain trace of its physical existence 
can be found, and only the mutilated walls of its suc- 
cessor — the Old State House — now stand as a part 
of the present edifice. The rude buildings in which the 
early Puritans lived and laboured about the Town 
House have all disappeared, and the conditions of life 
which existed about the building while it stood are all 
absolutely changed. The electric railway and the motor 
car have displaced the whipping-post and the stocks, 
and the quiet streets and places where Winthrop walked, 
and Mather talked, and Sewall gossiped, are filled with 
the throng and flow of commerce and of trade. 

Of all that was material in the life of the Town House 
nothing now remains ; but the results of what was done 
in and about the Town House remain. The government 

[ 212 ] 



Old Boston Town House 

which the Puritans there created remains. The essen- 
tial, fundamental principles of New England state gov- 
ernment, as they now exist, were established and put in 
operation by the Puritans in the Boston Town House. 
Representative government by two legislative bodies, 
each a check upon the other, sound judicial power to 
interpret the law and determine rights under the law, 
and executive power effective to administer and exe- 
cute the law, with a reasonable check upon hasty or 
ill-advised legislation, a system of government in which 
the powers of the people are so carefully distributed 
and balanced that "life, liberty and the pursuit of 
happiness" are made secure and the people protected 
against tyranny even by themselves, — all now exist as 
the result of what was done in and about the Boston 
Town House during the fifty years of its existence. 
When the Constitution of 1780 was established by the 
people of Massachusetts, they only declared by its Bill 
of Rights, and established by its provisions, the funda- 
mental principles and methods of government which 
had been wrought out and established by the early 
Puritan settlers in the Boston Town House and in the 
Town of Boston and Colony of Massachusetts Bay. 

This government has been permanent only because 
it is based upon moral principles, and the lesson which 
the story of the Boston Town House teaches is that 
while material things pass away, moral and spiritual 
things remain, and that only that righteousness which 
exalteth a nation is the safety and security of a sound 
and enduring state. 



Appendix 



Appendix 

THE following is a partial statement of punish- 
ments inflicted by orders of the Colony Courts, 
made from the " Massachusetts Colony Records," com- 
piled by Nathaniel B. Shurtleff, and printed by order of 
the Legislature in 1853, and from the "Records of the 
Court of Assistants," compiled by John Noble, Clerk 
of the Supreme Judicial Court for Suffolk County, and 
printed by that county in 1903. 

These records, however, are not complete, and the 
statement is therefore partial and illustrative only of 
the kind of punishments inflicted by those courts. 

1630 

It is ordered, that Beniamyn Cribb, John Cable, & Morris Tro- 
went shalbe whipped for stealeing 3 piggs of M"^ Ralfe Glouers./ 

It is ordered, that Philip RatlifFe shalbe whipped, haue his 
eares cutt of, fyned 40 \ & banished out of y^ lymitts of this ju- 
risdiccon, for vttering mallitious Sc scandulous speeches against 
the goumt & the church of Salem, ec, as appeareth by a pticuF 
thereof, pued vpon oath./ 

It is ordered, that Philip Swaddon shalbe whipped for runing 
away from his maister, Robt Seely, intending to goe to Virginia. 

It is ordered, that Henry Lyii shalbe whipped and banished the 
plantacon before the 6*^ day of Octob"" nexte for wTiteing into 
England falsely & mallitiously against the goiimt & execucon of 
justice here./ 

1632 

Tho : Knower was sett in the bilbowes for threateing the Court 
that, if hee should be punist, hee would haue it tryed in Eng- 
land whither hee was lawfully punished or not./ 

It is ordered, that Nicholas Frost, for thefte, drunkenes and 
fornicacon, shalbe fined, seuerely whiptt & branded in the hand 

[3*] 



Appendix 

with a hott iron, & after banished out of this pattent, with pen- 
alty that if euer hee be found within the Ijmitts of the said 
pattent, hee shalbe putt to death ; also it is agreed that hee shalbe 
kept in boults, till his ffines be paid, dureing w*^^* time hee is to 
beare his owne charges./ 

1633 
John Sayles, being convicted of taking corn, fish and clapboards 
from divers persons, is thus censured by Court : All his estate shall 
be forfeited, double restitution made to those he has wronged, he 
shall be whipped and bound as a servant to any who will retain 
him for three years, afterwards to be disposed of by the Court. 

1633 

It is ordered, that William Dixon be set in the bilbowes for 
disordering himself with drink. 

Whereas Beniamyn Felton hath brought into this Country one 
Robte Scarlett a knowen theife, whoe since his comeing hither 
hath comitted dyvers fellonyes as appeareth by his examinacon, 
It is therefore ordered that the said Scarlett shalbe seuerely 
whipt & branded in the forehead with a T & after sent to his said 
maister whome the Court enioynes to send the said Scarlett out 
of this Jurisdiccon, & in the meane tyme to be lyeable to satisfie 
for such damages, as his said serv* shall doe to any pson, & also 
shall pay x^ to M^. Stileman the Constable for his charges in 
keepeing him & bringing of him to the Court./ 

1636 

Thorn : Pettet for suspition of slaunder, idlenes,& stubbornenes, 
is censured to bee severely whiped, & to bee kept in hould./ 

Alexander Waites ordered to be whipped for selling powder to 
the Indians./ 

Peter Bussaker censured for drunkennes to bee whiped, & to 
have twenty stripes sharply inflicted, & fined 5^ for sleiteing the 
magistrates &c./ 

Edward Woodley, for attempting a rape, swearing & breaking 
into a house, censured to be given 30 stripes, a yeares imprison- 

[ 4*] 



Appendix 

ment at hard labor, with course dyot and to wear a coller of yron. 
Elisabeth Applegate censured to stand with her tongue in a 
cleft stick for swearing, raileing and revileing./ 

1637 

William Brumfeild for stealeing, ploting to run from his m^ 
lying, drunkennes & idlenes, was censured to make double resti- 
tution, bee branded & severely whiped./ 

George Spencer for receiving 6sh^ from Brumfeild, censured to 
make double restitution & bee whiped./ 

George Barlow for his idlenes, censured to be whiped./ 

Luke Henberry for theft and running away, was censured to be 
severely whipped./ 

John Hathaway, Robert Allen & Margaret Scale, for adultery, 
ordered to be severely whipped and banished, never to return on 
penalty of death./ 

John Davies for grosse offences in attempting lewdness w^^ di- 
vers woemen, was censured to bee severely whiped, both heare & 
at Ipswich, & to weare the letter V vpon his breast vpon his 
vppermost garment vntill the Court do discharge him./ 

Edward Palmer for his extortion, takeing 1^ 13 « 7*^ for the 
plank & woodwork of Boston stocks, is fined 5', & censured to 
bee set an houre in the stocks. This was remitted to 10^/ 

Thomas Gray to be severely whipped and banished./ 

Katherine Finch for speaking against the magistrates, churches 
and elders, censured to be whiped and comited till the Gene^'all 
Court; WiUiam South whipped and banished./ 

John Neale for ruiiing away & stealing, was censured to bee se- 
verely whiped, & comitted to his master to bee kept chained./ 

John Kempe for immorality, censured to be whipped both 
heare, at Roxberry, & at Salem, and comitted for a slave to Lieft. 
Davenport./ 

Mathewe Edwards for improper conduct, censured to be 
whipped./ 

John Haslewood for theft and house-breaking, censured to be 

[5-1 



Appendix 

severely whiped and delivered vp a slave to whom the Court 
shall appoint./ 

William Androws for assault upon his master, Henry Coggan, 
and conspiring against his life, censured to bee severely whiped 
& delivered vp a slave to whom the Court shall appoint./ 

Gyles Player for theft and housebreaking; censured to bee 
severely whiped and delivered up for a slave to whom the Court 
shall appoint./ 

John Bickerstaffe and Ales Burwoode censured to be whiped 
for coiTiitting fornication./ 

William Clarke censured to be severely whiped, comited to 
prison till the ship returne, and then to bee sent home, for thefts. 

Anthony Robinson for fornication, censured to have 20 stripes 
sharply layed on, enioyned to appeare at the next Quarter Courte, 
& the meane while to bee of good behavio^". 

1639 

Rich^'d Joanes for his cheating, was censured to bee whiped, Sc 
put to the assigne of the party wronged, to make satisfaction for 
the money w'^'^ hee did receive, & hath spent./ 

Jane Robinson for disorder in her house, drunkennes, & light 
behavio'", was censured to bee severely whiped./ 

Margeret Hindersam was censured to stand in the market place 
w*^ a paper the next market day, for her ill behavio*", & her hus- 
band was bound in 5' for her good behavio*", & to bring her to 
the market place at the time appointed for her to stand there./ 

Thomas Dickerson was censured to bee severely whiped, & con- 
demned to slavery./ 

Robert Penyar, for his vnclean attempt, & his flying when hee 
should have appeared, was censured to bee whiped./ 

1640 
James Luxford for his forgery, lying, & other foule offences, was 
censured to bee bound to the whiping poast, till the lecture from 
the first bell, & after the lecture to have his eares cut of; & so hee 
had liberty to depart out of o"" iurisdiction. 

[6^] 



Appendix 

Hope, the Indian, was censured for her runing away, & other 
misdemeano'', to bee whiped hear & at Marbleheade./ 

Jonathan Hatch was censured to bee severely whiped, & for the 
psent is comited for a slave to Lieft. Davenport./ 

John Burrows for going into other mens houses in the night 
& upon the Lords day in the time of exercise, was censured to bee 
whiped./ 

John Knight for his drunkennes, swearing, & other disorder, 
was censured to bee whiped./ 

John Button for swearing, stealing, & drunkennes, was cen- 
sured to bee severely whiped./ 

The iury found Hugh Buets to bee gilty of heresy, & that his 
person & errors are dangeros for infection of others. It was or- 
dered, that the said Hugh Buet should bee gone out of o"" iuris- 
diction by the 24*^ psent, upon paine of death, & not to returne, 
upon paine of being hanged./ 

1641 
Rich''d Wilson for his grosse abuse of his m^ Thorn: Chees- 
holme, in base revileing speaches, & refusing to obey his lawfull 
commaunds, was censured to bee severely whiped./ 

1641 
James Laurence for goeing out of his m"" his house in the night 
unseasonablely ag* his expsse order, was censured to bee sharply 
whiped./ 

William Pilsberry for defileing his m*" his house, was censured 
to bee whiped./ 

Dorothy Pilsberry was censured to bee whiped for her un- 
cleannes, and defileing her m'" his house./ 

Mary Osborne for her grosse miscarriage in giveing her hus- 
band quick silver, & other abuses, was censured to bee severely 
whiped./ 

Thomas Owen for escaping out of prison, was fined 20 ^ to 
bee paid w^^in a weeke, or to bee severely whiped./ 

Sara Hales for escaping, to pay ISJ', or be whiped & banished./ 



Appendix 

John Mussell for attempting to abuse a boy, was censured to 
bee whiped./ 

The wife of Rob'^t Lewes for her dishonoring the name of god 
was censured to bee whiped. 

Davy Hickbourne for his grosse misdemeano"", & foule miscar- 
riage was censured to bee severely whiped, to weare an iron coller 
till the co^t please, & serve his m"^ 3 weekes longer for lost time, 
& trouble of his m*". 

1642 

Peter Thatcher for plotting Piracy was comitted, &to bee whipt; 
Matthew Collaine, Robert Allen, & Marmaduke Barton, were 
whipped for concealing the plot of Piracy. 

James Hawkins for prophaining the Sabbath hee was censured 
to bee whipt, & bound with his Brother Thomas Hawkins in 40'*^. 
to appeare at the Generall Co^'t, and answer for venting his cor- 
rupt Opinions, & to bee of good behavio"" till then. 

Elizabeth Sedgwicke for hir many theftes, & lyes, was censured 
to bee severely whipt, & condemned to slavery, till shee have re- 
compenced double for all hir thefts. 

T(eagu) Ocrimi was censured to bee carried to the place of ex- 
ecution, & there to stand with an halter about his necke, & to 
bee severely whipped. 

Robert Wyar, & John Garland beeing indited for ravishing 
two yong girles, the Jury found them, not guilty of that offence, 
but the Co'^t judged the boyes to bee openly whipped at Boston, 
the next market day, & againe to bee whipped at Cambridge on 
the Lecture day, & each of them to pay 5'^ a peece to their mas- 
ter in service. It was also judged that the two girls Sarah Wythes, 
& Ursula Odle bee severely whipped at Cambridge in the p^'sence 
of the Secretary. 

Marmaduke Barton condemned to slavery, & to bee branded, & 
to remaine in slavery till the Co''t take further order about him./ 

Thom: Wendall for abuseing a girle, was censured to bee 
whiped both heare & at Ipswich. 

Thomas Briant for concealing Thatchers Plott, & consenting 
to it, was censured to bee severely whipped. 

[8*] 



Appendix 

John Woodcooke for his many miscarriages was censured to 
bee whipped. 

Sarah Bell for hir theft, stealing money from hir master, cen- 
sured to bee whipped, except shee behave hir selfe well betwixt 
this, & the next Co'"t, & soe as the Co'"t see cause to remit it. 

Daniell Fairefeild was found guilty upon his own confession of 
having had carnal knowledge of a child of tender years, the 
daughter of Mr. Humfrey, one of the magistrates, and the Co^'t 
therefore agreed that this aforenamed Dan: Fairefeild shalbee 
severely whiped at Boston the next lecture day, & have one of his 
nostrills slit so high as may well bee, & then to bee seared, & kept 
in prison, till hee bee fit to bee sent to Salem, & then to bee 
whiped againe, & have the other nostrill slit & seared; then fur- 
ther hee is confined to Boston neck, so as if hee bee found at any 
time dureing his life to go out of Boston neck, that is, beyond 
the railes toward Roxberry, or beyond the low water marke, hee 
shalbee put to death upon due conviction thereof; and hee is also 
to weare an hempen roape about his neck, the end of it hanging 
out two foote at least, & so often as he shalbe found abroad w*^*^- 
out it, hee shalbee whiped; & if hee shall at any time hearafter 
attempt to abuse any pson as formerly, hee shall be put to death, 
upon due conviction ;& hee is to pay to M*" Humfrey forty pounds. 

Jenken Davies, for the same offence, ordered to bee severely 
whiped at Boston on a lecture day, returned to prison till hee 
may bee sent to Linne, there to bee severely whiped also, & to be 
confined to the towne of Linne ; if hee shall go out of the bounds 
of the towne, w^'^out license of Co^'t hee shalbee put to death; & 
also to weare a hempen roape about his neck dureing the plea- 
sure of the Co^'t, and to bee whiped if found w*^out it. If con- 
victed of a similar attempt upon any child to be put to death. 
Also to pay forty pounds to Mr. Humfrey. 

John Hudson for the same offence ordered to bee severely whiped 
at Boston the next lecture day, returned to prison till sent to 
Salem, there to bee severely whiped againe, and to pay Mr. Hum- 
frey twenty pounds w^^^in two yeares. 

Davyd Conway, servant to W™ Beamsley, for resisting his mas- 
ter, was censured to be whipped. 



Appendix 

William Browne for running away, deriding an Ordinance of 
God, refusing to give account what hee had learned, & refusing 
to obey his master, was censured to be severely whipped. 

Richard Quick for beeing distempered by drinking wine, & for 
his idlenes, stubbornes, & dalliance, was censured to bee whipped. 

John Perry for running away was censured to bee whipped. 

John Lewis for running away, and breaking an house, was cen- 
sured to bee whipped, & sent home to his Master. 

William Walcot was censured to bee whipped, & kept in Prison, 
till further Order, for his idlenesse, & abuse of his friends. 

Anne Hett for attempting to drowne hir child was censured 
to bee whipped, and kept to hard labo"" & spare diet. 

Thomas Cotcree was censured to bee severly whipped, for his 
vnmeet dalliance with two or three girles, 

1643 

Nathaniel Tappin, for breaking into severall houses, and steal- 
ing severall thinges was censured to be whipped, & put to Good- 
man Gillam. 

Richard Gell, servant to ffrancis ffellingham of Salem, for run- 
ning away was censured to be whipped, 8z sent to his Master, 
whom hee is to serve for the time hee hath lost. 

John Bartlet for his swearing, theft, & drunkenes, was comit- 
ted to Prison, & censured to bee whipped, & fined twenty shil- 
lings. 

John Gammage for his swearing, drunkenes, & other pro- 
phanes, & disorder, was censured to bee well whipped. 

Nicholas Rogers for his drunkenes, and makeing others drunke 
with his strong-water, was censured to bee whipped. 

David Dauling, Mary Audley, & Jane Jeffrey, for their filthy, 
& vncleane practise, were censured to bee severely whipped. 

David Williams for assaulting the watch was censured to be 
whipped at Braintree, and warrant to George Read, to stop out 
of the wages, to pay the witnesses. 

Samuel Bacon for stealing wine, & other thinges, was cen- 

[ 10"] 



Appendix 

sured to be serverely whipped, & to make double restitution, to 
M-^^ Hull, & his Dame. 

1673 
Rebeckah Rogers sentenced to stand in the markett place on a 
stoole for one hower w*^ a paper on hir breast w*'^ y^ Inscription 
Thvs I Stand for My Advlterouvs and Whorish Carriage 
and that on a lecture day nex* after the lecture and then be se- 
uerely whipt w*^ thirty stripes. 

1674 
Anna Negro Guilty of hauing a Bastard child & privately con- 
veyed it away. The Court Considering of this virdict sentenct 
the sajd Anna Negro to stand on the Gallowes w*** a Roape fas- 
tened about hir necke to the Galloues for one hower and thence 
to be tyed to & whip* at the Carts Tayle to the prison w*^ thirty 
stripes & so comitted to the prison there to lye for one moneth 
and then to be Conveyed by the marshall Generall to charls- 
Towne & there on the lecture day to be alike tyed to & whipt 
w*** thirty stripes & then on hir m""^ paying the charges of the 
try all & prison she is dischardged. 

1675 

The Court Judged it meet to ffine Jacob Jesson the sume of 
tenn pounds mony for his Contemptuous Carriage in the Court 
in obstructing the eleven of the Jury dissenting from them from 
tjme to tjme & not Giving the Court a sattisfactory Reason. 

Maurice Brett, sentenct to be Carrjed fi'om the prison to the 
Gallows & there w*^ a Roape about his necke to stand half an 
hower & thenc tjed to the Carts tajle & whipt seuerely w**^ thirty 
nine stripes and that he be banished this Jurisdiction & kept in 
prison till he be sent away paying the prison chardges. 

At the same time Maurice Brett for his Contemptuous Car- 
riage Confronting the sentenc of this Court was sentenct to stand 
in the pillory on y^ morrow at one of y^ clock his eare nayld to 
y^ pillory & after an howrs standing there to be cut of & to pay 
twenty shilling for his swearing or be whipt w*^ ten stripes. 

[ IV] 



Appendix 

Mary Gibbs, for adultery, punished with the same sentence as 
Maurice Brett with the exception of banishment. 

1676 

Thomas Dauis indicted for adultery, found not guilty, but 
guilty of very suspitious acts, and the Court sentenced him to 
be Carrjed to the Gallows on the next Fiuth day after the lecture 
& there to stand on the Gallows w*'^ a Roape about his necke one 
hower & tjed to the Gallows and thenc at the Carts tajle to be 
seuerely whipt not exceeding thirty nine stripes to the prison & 
there to lye till the nex* lecture day at Charls Toune & carried 
then thith'' & be there alike seuerely whip* not exceeding thirty 
stripes & discharging his prison ffees to be discharged. 

Elisabeth Broune was sentenced to be Conducted to the Gal- 
lows & by the executioner to haue a Rope tied about her neck 
to y® Gallow^ & so there to stand one howe*" & thenc to be tyed 
to the Carts tayle & seuerely whipped not exceeding thirty nine 
stripes to the prison & thr left till the next lecture day at 
CharlsToune & then Cari'jed ouer & be there alike seuerely 
whipt w*^ thirty stripes & discharging her prison ffees to be dis- 
chardged. 

Peter Cole and Sarah Bucknam were sentenced to be on the 
nex* fifth day after lecture Carried to the Gallow^ and there to 
stand w*^ a halte*" throune ouer y^ Gallow®^ on howe*" & then tooke 
doune tyed to the Cart^ tajle & be seuerely whipt w*'^ thirty- 
nine stripes, and paying their prison ffees to be discharged. 

1677 

Darby Bryan was sentenced to be taken from the prison to the 
Gallowes presently after the lecture in Boston & there to stand 
w*'^ a Roape about his necke & fastned thereto one howe'' & then 
taken doune & tyed to a Carts Tayle and at Left ffrary^ doore 
stripped from the Girdle vpwards on his naked body to be 
whipped thence to the prison w**^ thirty nine stripe® well layd on 
& there left till he dischardge the chardge of prosecution. 

Abigaile Johnson, for an offence with Darby Bryan, was ad- 

[ ir] 



Appendix 

judged to suffer in all respects in like manner as above in Darby- 
Bryan's sentence. 

Ephraim Beamis was sentenced to be Carrjed to the Gallowes 
& there Caused to stand w^^ g, Roape about his neck fastned there- 
to for one howe"" and then taken doune and tyed to y^ Carts tayle 
& at Leiftenn* Frary^ to be stripped from the Girdle vpwards: 
& then Cause the executione'' to whip him thence to the prison 
w**^ thirty nine stripes on his naked body & there leaue him in 
prison till he discharges the charge of his prosecution & pays ffees 
of Court. 

1678 
Alexande'' Colman being Complayned on for his endeavoring to 
make disturbance of the people in time of publick worship on the 
last Lords day in the 3^ meeting house in Boston by Going in 
w*^ only a dirty ffrock of Canvice all bloody & no othe"" cloaths 
y^ Constable hauing Carried him to prison he was sent for & be- 
ing demanded whenc he came he Came from neuis the last place be- 
ing Askt why he endeavored to make disturbance to the people of 
God on y^ Lords day while they were in the publick worship of 
God The Court Considering yo'' offence sentenc* yow to be whipt 
w*^ 15 stripes on y^ naked bod[y] well lajd on & by y^ consta- 
ble to be sent out of Toune putting on his frock. 

Ellino'" May was sentenced to be tyed to a Carts Tayle & whipt 
vpon hir naked body from the Frisson to the place of hir aboad not 
exceeding thirty nine stripes well &: seuerely layd on, and also to 
depart out of the Toune of Boston w"^ in tenn dayes nex^ Comeing 
after hir Correction and no* to returne againe wt^out licence from 
the Gouno"" or two magistrates vnde'' his or their hands in writting 
and in Case after that time the sajd Elljnor may shall be found 
in Boston or any of the precincts thereof Contrary to this Order 
she shall be App'"hended by the Constable on notice given by any 
of the Inhabitants of the sajd Toune & Comitted to Bridewell 
there to remajne vntill the Councill or Court of Assistants shall 
Give furthe"^ orde"" Concerning her: she dischardging ffees of 
Court & Costs of wittnesses to be dischardged. 



[ 13*] 



Appendix 

1679 
Peeter Lorphelin ffrenchman, for the offence of clipping money, 
was sentenced to stand vpon the pillory two howers & then to 
haue both eares cut off by the executioner and give bond in fine 
hundred pounds for future good conduct. 

1681 
George Fairfax for burglary on the Lord's Day, was sentenced 
to be branded in the forhead w*^ the letter B, and to be seuerely 
whipt w*^'^ thirty stripes, paying trble damages for the property 
stolen, and to discharge the fees of Court. 

1683 

Leonard Pomery found guilty of manslaugther and sentenced to 
be burnt in the hand & forfeit his Good® & chattels none to be 
found y® executioner executed the sentencin y*' face of the Court. 

Joshua Rice, for adultery, sentenced on the "nex* fifth day of 
y^ weeke presently after the lecture to be by y^ marshall Gen- 
nerall to be taken out of y® prison & w*^ a Roape ab* your necke 
Conveyed thro the Towne to the Gallowes & there to be sett on 
a ladder & stand on full howe"" w*"^ yo"" Roap turnd ouer the Gal- 
lowes & then to be taken doune & Conveyed to the begining of 
the street entring the Towne to be strip* 81 tjed to the Carts 
Tayle & be seuerely whip* w*'^ thirty stripes thro the streets to 
the Goale & be there left till yow discharge the charg of yo"" 
trjall prison & Court ffees, wch when donn to be releast from 
prison the like sentenc was passed & published in Court in all re- 
spects against & to Elisabeth Crocket wife to Crocke* 
partne*" w**^ him in their odious vile & lustfull carriages." 

1684 
Phillip Darland for adultery, was sentenced to be returned to 
prison & from thenc on y^ morrow p''sently after the lecture to 
be taken thence by the marshall General w*^ a Guard & Conveyed 
to y^ place of execution & ther caused to stand on howe"" w*'^ a 
Rope about his neck Cast ouer the Gallowes & thenc to be taken 
downe & fastned to the Carts tayle & whipt seuerely on his 

[ 14*] 



Appendix 

naked ba[c]ke to the prison againe not exceeding forty stripes & 
there left till the chardge of his Tryall & wittnesses w^'^ fees of 
Court be disehardged. 

Mary Knights for adultery with Phillip Darland, was sentenc* 
in all respec* as Phillip Darland as aboue, wch sentenc was ex- 
ecuted & they Returnd to Prison. 

Joseph Gatchell for blasphemy, sentenced to be placed in the 
pillory to haue his head & hand put in & haue his toung drawne 
forth out of his mouth & peirct through w*'^ a hott Iron & then 
to be returnd to the prison there to Remajne vntill he sattisfy 
& pay all y® charges of his tryall & ffees of Court . . . The mar- 
shall Genril taking necessary help w**^ him is to see y® execution 
of y^ sentenc pformed. 

1685 

Vriah Cloemen*s (calling himself John Ball) found guilty of bur- 
glary and sentenced to be branded w*^ the letter B on y^ forhead 
& haue his Right eare Cutt of dischardging y^ charge of y^ wit- 
nesses tryall & fees & then make treble Restitution to the party 
Injuried & in deffect thereof to be sold to any of the English 
plantations. 

Sentenced a second time to be Againe Branded with the let- 
ter B on his forehead & haue his left eare Cutt of, &c. 

1691 
Hannah Owen and Josiah Owen were committed to prison be- 
cause she was Josiah Owen's brother's relict and the marriage was 
declared void, and she was required to make publick acknow- 
ledgement of her sin & evil before the Congregation at Braintree 
on their Lecture day, or on the Lord's day. 

Whipping was in those days also the usual method of correc- 
tion in schools and even in colleges and universities. Sewall notes 
such a punishment in Harvard College in 1684. Thomas Sar- 
geant was examined by the Coi-poration; finallj', the advice of Mr. 
Danforth, Mr. Stoughton, Mr. Thatcher, Mr. Mather (then pre- 
sent) was taken. This was his sentence : 

[ 15*] 



Appendix 

That being convicted of speaking blasphemous words concern- 
ing the H. G. he should be therefore publickly whipped before 
all the Scholars. 2. That he should be suspended as to taking his 
degree of Bachelour (this sentence read before him twice at the 
Pr*^®. before the committee, and in the library 1 up before execu- 
tion). 3. Sit alone by himself in the Hall uncovered at meals, 
during the pleasure of the President and Fellows, and be in all 
things obedient, doing what exercise was appointed him by the 
President, or else be finally expelled the Colledge. The first was 
presently put in execution in the Library (Mr. Danforth Jr. be- 
ing present) before the Scholars. He kneeled down and the in- 
strument Goodman Hely attended the President's word as to the 
performance of his part in the work. Prayer was had before and 
after by the President. 

This, however, was only following the practice in England. 
Rashdall, in "Universities of Europe in the Middle Ages'" (vol. ii. 
pp. 622, 623), says: "The prolongation of the whipping age to 
the verge of manhood is perhaps peculiar to the English Univer- 
sities. . . . The Statutes of Brasenose — founded in 1509 — are the 
first which exhibit the undergraduate completely stripped of his 
medieval dignity, tamed, and reduced to the schoolboy level, from 
which he did not begin to emerge again till towards the close of 
the seventeenth century. Here he is subjected to the birch at the 
discretion of the College Lecturer for unprepared lessons, playing, 
laughing or talking in lecture, making 'odious comparisons,' &c." 

In the Chapter Book of Christ College, Oxford, for 1650, we 
find this entry: "It is ordered by the Dean and Chapter that 
Devoye, for divers gross and scandalous acts, shall be publicly 
whipped in the house, and afterwards sent home to his Father for 
a twelve months, and not to return then without a testimonial 
of his civil and orderly carriage during the time of his absence." 

In the College Order Book of Corpus Christi, Cambridge, un- 
der date of May 22, 1648, is the following: "Johannes Starke de 
malis moribus collegio amovendus. Item Benton qui ab eo seduc- 
tus est per tutorem suum M"""™ Johnson virgis castigandus." 

In 1650 Henry Stubbe, a Westminster student, then nineteen 
years old, was convicted of abusing the Censor morum, and "for 

[ 16*] 



Appendix 

so doing and his impudence in other respects whipped by him in 
the Public Refectory."* 

Bathurst, president of Trinity College, Cambridge, who died 
in 1704, at the age of eighty-four, "delighted to surprise the 
scholars when walking in the grove at unseasonable hours, on 
which occasion he frequently carried a whip in his hand, an in- 
strument of academical correction then not entirely laid aside. 
But this he practised on account of the pleasure he took in giv- 
ing so odd an alarm, rather than from any principle of approving, 
or intention of applying so illiberal punishment." f 

In the records of the early days of Trinity College, Dublin (at 
the beginning of the seventeenth century), we find that the stu- 
dents were punished for the following offences: "(1) lodging in 
town ; (2) resorting to ale-houses (for this offence they were pun- 
ished with the rod); (3) absence from catechizing and sermon; 
(4) omitting declamations; (5) playing at cards in the porter's 
lodging in the steeple; (6) climbing the college walls; (7) a public 
whipping, at the hour of corrections, for breaking the provosfs 
windows; (8) student fined 25*. for stealing a hogshead of the pro- 
vost's strong beer, through Sir Wilson's study wall being broken ; 
(9) made to sit in the stocks at supper-time for fighting with 
weapons; (10) a master of arts was expelled for having a bastard 
of a wicked woman at Finglas, 



+ 



* Life of Henry Stubbe, by Wood. 

t Life of Bathurst, by Warton. 

J History of the University of Dublin, p. 26, J. W. Stubbs. 

[ 17*] 



Reference Tables 

A few of the dates necessary for locating the events of the period 
under consideration are here given for convenience of reference. 

SUCCESSION OF ENGLISH SOVEREIGNS 

Charles!., 1625-1649. 

Commonwealth under Cromwell, 1649-1659. 

Charles IL, 1660-1685 

{Proclaimed in Boston August 8, 1661.) 

James IL, 1685-1688. 

William and Mary, February 16, 1689-1702 

{Proclaimed in Boston, May 29, 1689. Mary died in 1694.) 

Anne, 1702-1714. 

DATES OF CHARTERS 

First Charter granted to the Governor and company of the 
Massachusetts Bay in New England, March 4, 1629. This Char- 
ter M-as vacated, June 18, 1684. 

Second Charter granted to the province of the Massachusetts 
Bay in New England, October 7, 1691. 

SUCCESSION OF GOVERNORS 

Under the Charter o/*1629. 
John Endicott, 1655-1665. 
Richard Bellingham, 1665-1672. 
John Leverett, 1672-1679. 
Simon Bradstreet, 1679-1686. 

After Revocation of Charter o/*1629. 

Joseph Dudley, under title of President of New England, May, 
1686 -December, 1686. 

Edmund Andros, under title of Governor of New England, De- 
cember, 1686 -April, 1689. 

Simon Bradstreet, under title of President of the Council of 
Safety and Conservation of the Peace, 1689-1692. 

Under Charter o/"1691. 
William Phips, 1692-1694. 

William Stoughton {Acting Governor), 1694-1699. 

[ 19*] 



Appendix 

Richard Coote, Earl of Bellomont, May, 1699- July, 1700. 
William Stoughton {Acting Governor), July, 1700- July, 1701. 
The Council without Governor, July, 1701 -June, 1702. 
Joseph Dudley, 1702-1714. 



[ 20*1 



Authorities Consulted 

The following is a partial list of autJiorities consulted in the pre- 
paration of this Work: 

Acts, The, and Resolves, Public and Private, of the Province of 
the Massachusetts Bay . . . ; pi-efixed, the Charters of the Province ; 
with historical and explanatory notes, and an appendix. Boston. 
I869-I507. 14 volumes. 8vo. — Contains Province Laws, 1692-3; 
l695-6il7l6. 

American Antiquarian Society, Worcester, Mass. Proceedings. 
Worcester, 1843 to date. 8vo. 

Andros Tracts, The. Edited by William Henry Whitmore. Bos- 
ton. 1868-1874. 3 volumes, (Prince Society Publications.) Small 4to. 

Annals of King's Chapel from the Puritan Age of New England 
to the Present Day. By Henry Wilder Foote. Boston. 1882, 1896. 
2 volumes. 8vo. 

Arnold, Samuel Greene. History of the State of Rhode Island 
and Providence Plantations. 1636-1790. New York. 1859, I860. 
2 volumes. 8vo. 

Body, The, of Liberties. 1641. In facsimile from the Hutchinson 
Manuscript, with a line-for-line printed version. In W. H. Whit- 
more, A bibliographical sketch of the Laws of the Massachusetts 
Colony from 1630 to I686. Pages 29-68. Boston. 1890. 8vo. 

Boston News-Letter, The. A weekly paper. Boston. 1704-1727. 

Boston. Registry Department. Records relating to the Early 
History of Boston. Boston. 1876-1906. 37 volumes. 8vo. 

Bostonian Society. Publications. Volume 3. Boston. 1906. 8vo. 

Bowen, Abel, editor. Bowen's Picture of Boston, or the Citizen's 
and stranger's guide to the metropolis of Massachusetts, and its 
environs. Boston. 1829. 24mo. 

Bridgman, Thomas. Memorials of the Dead in Boston ; contain- 
ing an exact transcript from inscriptions, epitaphs and records on the 
monuments and tombstones in Copp's Hill Burying Ground, in the 
City of Boston. Illustrated by copious historical and biographical 
notices of the early settlers of the metropolis of New England. Bos- 
ton, 1852. 12mo. 

Bridgman, Thomas. Memorials of the Dead in Boston ; contain- 



Appendix 

ing exact transcripts of inscriptions on the sepulchral monuments in 
the King's Chapel Burial Ground, in the City of Boston, with copi- 
ous historical and biographical notices of many of the early settlers 
of the metropolis of New England. Boston. 1853. 12mo. 

Bridgman, Thomas. The Pilgrims of Boston and their Descend- 
ants: with an introduction by Edward Everett. Also, Inscriptions 
from the monuments in the Granary Burial Ground, Tremont street. 
New York. 1856. 8vo. 

Byfield, Nathanael. An Account of the Late Revolution in New- 
England. Together with the declaration of the gentlemen, mer- 
chants, and inhabitants of Boston and the country adjacent, April 
18, 1689. London. Chiswell. 1689. Reprinted in The Andros Tracts, 
Volume 1, No. 2. Boston. 1868. 

Centuriae Magdeburgenses [tredecim]. Historia ecclesiastica, 
denuo per L. Lucium recensita. Basileae. 1624. 3 volumes. Folio. 

Charter, The, and General Laws of the Colony and Province of 
Massachusetts Bay. . . . Added an appendix. Published by oi-der of 
the General Court. Boston. 1814. 8vo. 

Colonial Laws, The, of Massachusetts. Reprinted from the edi- 
tion of 1660, with the supplements to 1672. Containing, also, the 
Body of Liberties of l641. Published by order of the City Council 
of Boston, under the supervision of William H. Whitmore. Boston. 
1889. 8vo. 

Colonial Laws, The, of Massachusetts. Reprinted from the edi- 
tion of 1672, with the supplements through 1686. Published by or- 
der of the City Council of Boston, under the supervision of William 
H. Whitmore. Boston. 1887. 8vo. 

Connecticut Colonial Records. Public Records of the Colony. 
Hartford. 1850-1887. 14 volumes. 8vo. — Edited by J. H. Trumbull 
and Charles J. Hoadly. 

Douglass, William. A Summary, Historical and Political, of the 
first planting, progressive improvements, and present state of the 
British settlements in North America. Boston. 1749, 1751. 2 vol- 
umes. 8vo. 

Drake, Samuel Adams. Old Landmarks and Historic Personages 
of Boston. Boston. 1873. 12mo. 

Drake, Samuel Gardner. The History and Antiquities of Boston 
from 1630 to 1770. Boston. 1856. 8vo. 

[ 22*] 



Appendix 

Dunton, John. Letters written from New England, a. d. 1686. 
Now first published. With notes and an appendix, by W. H. Whit- 
more. Boston. 1867. (Prince Society Publications.) Small 4to. 

Frothingham, Richard. The History of Charlestown, Massachu- 
setts. Boston. 1845-1849. Seven parts in one volume. 8vo. 

General Laws, The, and Liberties of the Massachusetts Colony : 
revised & re-printed. By Order of the General Court holden at 
Boston, May 15th. l672. Edward Rawson, Seer. Cambridge. Printed 
by Samuel Green, for John Usher of Boston. l672. 8vo. 

Great Britain. Commission for Printing and Publishing State 
Papers. Calendar of State Papers: Colonial Series. Edited by Wil- 
liam Noel Sainsbury, and continued by the Honorable John WiUiam 
Fortescue. l6 volumes. London. I86O-I906. 8vo. — Known as the 
Colonial Entry Books. 

Hazard, Ebenezer. Historical Collections; consisting of State 
Papers, and other authentic documents ; intended as materials for an 
History of the United States of America. Philadelphia. 1792, 1794. 
2 volumes. 4to. 

Hubbard, William. A General History of New England, from 
the discovery to I68O. Boston. 1848. 2 volumes. (Massachusetts His- 
torical Society. Collections, Second series. Volumes 5, 6.) 8vo. 

Hutchinson, Thomas. The History of the Colony of Massachu- 
sets-Bay, from the first settlement thereof in l628, until its incor- 
poration with the Colony of Plymouth, Province of Main, &c. by the 
Charter of King W^illiam and Queen Mary, in I69I. Boston. Thomas 
& John Fleet. 1764-1828. 3 volumes. 8vo. 

Hutchinson Papers, The. Albany, 1865. 2 volumes. (Prince So- 
ciety Publications.) Small 4to. 

Laws of the Commonwealth of Massachusetts, passed by the Gene- 
ral Court in the years 1780-1838. Published by the Secretary of the 
Commonwealth. Boston. 1801-1834. 14 volumes. 8vo. — Containing 
Laws of 1786, 1818, 1820, and 1834. 

Lechford, Thomas. Note-book kept by Thomas Lechford, Esq., 
lawyer, in Boston, Massachusetts Bay, from June 27, l638, to July 
29, 1641. Edited by Edward Everett Hale, Jr. Cambridge. 1885. 
(American Antiquarian Society.) 8vo. 

Lechford, Thomas. Plain Deahng: or Nevves from New-England. 
... A short view of New-Englands present Government, both Eccle- 

[ 23*] 



Appendix 

siasticall and Civil, compared with the anciently-received and es- 
tablished Government of England, in some materiall points ; fit for 
the gravest conside^'ation in these times. London. Printed by W. E. 
and I. G. for Nath: Butter. 1642. Small 4to. 

Same. Reprinted in Massachusetts Historical Society. Collections. 
Third Series. Volume 3. 

Same. Edited, with introduction and notes, by J. Hammond Trum- 
bull. Boston. 1867. (Library of New England History. No. 4.) Small 4to. 

Littlefield, George Emery. Early Boston Booksellers, 1642-1711. 
Boston. 1900. (Club of Odd Volumes.) 8vo. 

Littlefield, George Emery. The Early Massachusetts Press, 1638- 
1711. Boston. 1907. 2 volumes. (Club of Odd Volumes.) 8vo. 

Massachusetts Historical Society, Boston. Collections. Series 1-7. 
Boston. I8O6-I89O. 8vo. 

Massachusetts Historical Society, Boston. Proceedings for 1862. 
Boston. 1862. 

Mather, Cotton. Magnalia Christi Americana : or, the Ecclesiasti- 
cal-History of New-England, from its First Planting in the Year 
1620, unto the Year of our Lord, I698. In seven books. . . By the 
Reverend and Learned Cotton Mather, M.A., and Pastor of the 
North Church in Boston, New-England. London: Printed for Tho- 
mas Parkhurst. MDCCII. Folio. 

Same. First American edition. Hartford. 1820. 2 volumes. 8vo. 

Same. W^ith an Introduction and Notes, by Rev. Thomas Rob- 
bins: And Translations of the quotations by Lucius F. Robinson. 
Hartford. 1853. 2 volumes. 8vo. 

Morse, Jedidiah, and Elijah Parish. A Compendious History of 
New England, exhibiting an interesting view of the first settlers of 
that country, their character, their sufferings, and their ultimate 
prosperity. Collected and arranged, from authentic sources of in- 
formation, by Jedidiah Morse, D.D., and Rev. Elijah Parish, A.M., of 
Boston, New England. London : Printed . . . for C. Taylor. 1808. 12mo. 

Neal, Daniel. The History of the Puritans; or, Protestant Non- 
conformists; from the Refomiation in 151 7, to the Revolution in 1 68 8 : 
Comprising an account of their principles, their attempts for a far- 
ther reformation in the Church ; their sufferings ; and the Lives and 
characters of their most considerable divines. A new edition, in five 
volumes, reprinted from the text of Dr. [Joshua] Toulmin's edition, 

[ 24*] 



Appendix 



with his Life of the author and account of his writings. Revised, cor- 
rected and enlarged. London. 1822. Portraits. 8vo. 

New Hampshire Historical Society. Collections. Concord. 1824 
to date. 

Olden Time Series, The. Gleanings chiefly from Old Newspapers 
of Boston and Salem, Massachusetts. Selected and arranged, with 
brief comments by Henry M. Brooks. Volume 5 : Some Strange and 
Curious Punishments. Boston. 1886. l6mo. 

Palfrey, John Gorham. History of New England. Boston. 1858- 
1890. 5 volumes. 8vo. 

Porter, Edward Griffin. Rambles in Old Boston, New England. 
Illustrated by George R. Tolman. Boston. 1887. 8vo. 

Publications of the Colonial Society of Massachusetts. Volumes 
1-10. Boston. 1895 to date. 

Puritans, The, or The Church, Court, and Parliament of England, 
during the Reigns of Edward VI and Queen Elizabeth. By Samuel 
Hopkins. In 3 volumes. Vol. I. Boston. 1859- 8vo. 

Quincy, Josiah. Municipal History of the Town and City of Boston, 
during two centuries, 1630-1830. Boston. 1852. 8vo. 

Randolph, Edward. Edward Randolph ; including his Letters and 
official papers from the New England, Middle, and Southern Colo- 
nies in America, with other documents relating chiefly to the va- 
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1676-1703. With historical illustrations and a Memoir by Robert 
Noxon Toppan. Boston. 1898, 1899- 5 volumes. (Prince Society 
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Records of the Court of Assistants. 1630-1692. Printed under 
the supervision of John Noble. Boston. 1901, 1904. 2 volumes. 8vo. 

Records of the Court of Assistants, from October, 1641, to March 
5, 1643-4. Now first published. In A bibliographical sketch of the 
Laws of the Massachusetts Colony from 1630 to l686. By William 
H. Whitmore. Pages xxvti-xliii. Boston. 1890. 8vo. 

Records of the Governor and Company of the Massachusetts 
Bay in New England. Edited by Nathaniel B. Shurtleff. Boston. 
1853, 1854. 5 volumes. 8vo. — Known as the Massachusetts Colony 
Records. 

Sewall, Samuel. Diary. 1674-1729. Boston. 1878-1882. 3 vol- 

[ 25*] 



Appendix 



umes. (Massachusetts Historical Society. Collections, Series 5, vol- 
umes 5-7.) 8vo. 

Shaw, Charles. A Topographical and Historical Description of Bos- 
ton^ from the first settlement of the town to the present period. Bos- 
ton. 1817. 12mo. 

Shurtleff, Nathaniel B. A Topographical and Historical Descrip- 
tion of Boston. Boston. 1871. 8vo. Third edition, edited by William 
H. Whitmore. Boston. 1890. 8vo. 

Snow, Caleb Hopkins. A History of Boston, the Metropolis of 
Massachusetts, from its origin to the present period, with some ac- 
count of the environs. Second edition. Boston. 1828. 8vo. 

True-blue Laws, The, of Connecticut and New Haven, and the 
false blue-laws invented by the Rev. Samuel Peters and judicial 
proceedings of other colonies and some blue-laws. Edited by James 
Hammond Trumbull. Hartford. 1876. 12mo. 

Weeden, William Babcock. Economic and Social History of New 
England. 1620-1789. Boston. 1890. 2 volumes. 8vo. 

"Whitmore, William Henry. History of the Old State-House. Bos- 
ton. 1882. 8vo. 

Whitmore, William Henry. Introduction to his edition of the 
Colonial Laws of Massachusetts. Boston. 1889- 

Whitmore, William Henry. The Massachusetts Civil List for the 
Colonial and Provincial periods; 1630-1774. Albany. 1870. 8vo. 

Winsor, Justin, editor. The Memorial History of Boston, including 
Suffolk County, Mass. 1630-1880. Boston. 1880, 1881. 4 volumes. 4to. 

Winthrop, John. The History of New England from 16S0 to 
1649. From his original manuscripts. With notes to illustrate the 
civil and ecclesiastical concerns, the geography, settlement and in- 
stitutions of the country, and the lives and manners of the principal 
planters. By James Savage. Boston. 1825, 1826. 2 volumes. 8vo. 

Winthrop, John. Winthrop's journal "History of New England," 
1630-1649. Edited by James Kendall Hosmer. New York. I9O8. 
2 volumes. (Original Narratives of Early American History.) 8vo. 

Winthrop, Robert C. The Life and Letters of John Winthrop. 
Boston. 1864, 1867. 2 volumes. 8vo. 

Young, Alexander, editor. Chronicles of the First Planters of the 
Colony of Massachusetts Bay, from l628 to l636. Boston. 1846. 8vo. 

[ 26*] 



Index 



Index 



A BSENCE from church meetings 

XjL fined, 18, 129. 

Accada, or Nova Scotia, part of 
the province under charter of 
1692, 187, 188. 

Act modifying conditions for be- 
coming freeman, I60, I6I. 

Act of incorporation of Boston as 
city or borough, 1709, voted 
down, 198. 

''Acts and Laws of His Majesties 
Province of the Massachusetts 
Bay in New England," 83. 

Acts and orders, pubHshing of, 
7, 107, 108. 

Acts of the General Court, see 
General Court, Acts and orders. 

Adames, Alex., 63. 

Addington, Isaac, 112, 113, 114, 
116, 173, 180, 183, 184, 193, 
195, 196. 

Address, to King Charles II on 
confirmation and preservation 
of colony charter in I66O, 
1664, 151, 153, 161, 162; to 
King Charles II in 1684, I69, 
170; to King James II, l685, 
171. 

Adultery, punished with death, 
&c., 12; cases of, 5*, 12*, 14*, 
15*. 

Agents on contract for building 
of town house, 65. 

Agreement for the building of 
town house, 6Q, 67. 

Alderton, Point, 195. 

Alfford, Mr., 64. 



Allen (Allin), Daniel, 112, 114. 

Allen, Rev. James, 180, 187. 

Allen, John, printer, 87. 

Allen, Robert, whipped and ban- 
ished, 5*, 8*. 

Allin, Thomas, fined, 103. 

Alline, Henry, 6I, 94, 141. 

Allowance and disallowance of 
colonial acts under the pro- 
vince charter, IO9. 

"Almanack of Coelestial Motions 
for... 168I," 85. 

American Antiquarian Society of 
Worcester, Massachusetts, 1 79. 

Ames Building, 6. 

Anabaptist controversy and order 
of the court, l644, 37, 38. 

Ancient and Honourable Artil- 
lery Company, 49, 76; drill 
place of, ^S, 94. 

Anderson, John, 62. 

Andros,SirEdmond(l637-l7l4); 
attempts to force Church of 
England service in the Puritan 
meeting-houses, 1 40, 1 4 1 ; coun- 
cil order for reception of, 177; 
governor-in-chief of New Eng- 
land, 1686-9, X, 94, 112, 113, 
115, 132, 133, 140, 116, ff., 
203, 19*; Sewall on landing 
of, 140; surrenders to the Pu- 
ritan element of Boston, 185. 

Andros government, 115, 11 6, 
117; attitude toward declara- 
tion of William and Mary, 183; 
consists of governor, deputy 
governor and council, 178; dis- 



[ 29*] 



Index 



approves of fasts, sermons and 
lectures in town house, 180, 
181; overthrown, 183. 

Androws, William, whipped and 
enslaved, 6*. 

Androws' gift, 41. 

"Annals of King's Chapel," 131, 
143. 

Anne, Queen of England, 108, 
196, 197, 199. 

Antego, 139. 

Antram, Mr. , 96. 

Apostle Eliot, see Eliot, Rev. 
John. 

Apparel, order concerning, l639, 
27; additional law concern- 
ing, 154; Increase Mather de- 
nounces extravagance of, 208. 

Appeal for new trials permitted 
by General Court, l642, 34. 

Appeal to Magna Charta on part 
of colonists denied by theory 
of English law, 175. 

Applegate, Elisabeth, l636, pun- 
ished, 5*. 

Appraisers, 105. 

Apprenticeship, order touching, 

99- 
Armory provided at first in part 

of meeting-house, 33; use of 

town house for, 93. 
Arms removed from fort to town 

house in I69O, 186. 
Arnold, Richard, 115. 
Artillery Company, 49, 76, 93, 

94. 
Artisans' pay, 10, 12, 13, 14, 20, 

22. 
Aspinwall, William, disfranchised 

and banished, 23. 



Assembly under provisional gov- 
ernment, 1689-92, 186. 

Assistants in the colony, 9, 10, 1 1, 
12, 15, 18, 145, 146; first meet- 
ing of, 9ff-J governor and de- 
puty governor first chosen from 
among the, 10; number of, 9, 
153. See also Court of Assistants. 

Atkinson, Theodore, 59. 

Attendance upon divine services 
compulsory, 18, 129. 

Audley, Mary, whipped, 10*. 

Authority of courts under colony 
charter, 145. 

Backhouse, William, gives books 
in 1629, 121. 

Bacon, Samuel, whipped, 10*, 
11*. 

Bailey, Rev. John (1644-97), 87. 

Baker, Mr. , 62. 

Baker, John, 63. 

Baker, John, whipped, 10. 

Baker, Thomas, 60, 178. 

Ball, John, see Cloements, Vriah. 

Barber, Goodman, bellringer, 1 05. 

Barloe, Bartholomew, 63. 

Barlow, George, punished, 5*. 

Barnerd, John, Jr., compiles cat- 
alogue of library in town 
house, 1702-4, and arranges 
books, 122. 

Barnes, Mathew, 62. 

Barnes, Nathn, occupies shop un- 
der town house, 83. 

Barrett, Johns, 58. 

Bartlet, John, whipped and im- 
prisoned, 10*. 

Barton, Marmaduke, whipped and 
made a slave, 8*. 



[30*] 



Index 



Basis of taxation, \634<, l6. 

Batterly, Robt., 60. 

Bay Psalms Book, eighth and ninth 
editions mentioned, 87. 

Bayly, Rev., 180. See Bailey, Rev. 
John. 

Beacon on Sentry Hill, 17. 

Beacon Hill, 13, 118. 

Beadle for governor provided for, 
9; house for, 12. 

Beamis, Ephraim, whipped, 13*. 

Beamsley (Beamslleay), Wm-, mas- 
ter of Davyd Conway, 63, 9*. 

Beaver, price of, 18. 

Becks, Alexander, 6S. 

Beer brewing, regulations con- 
cerning, 23, 24. 

Belcher, Capt. Andrew, 199- 

Belcher, Capt, of Dedham, 207. 

Belcher, Edward, 63. 

Belknap, Jeremiah, rents shop 
under town house, 84. 

Bell, Sarah, whipped, 9*. 

Bellingham,Richard(1592-l672), 
58 ; deputy governor, 147, 1 56, 
157; governor, 1665-72, x, 19*. 

Bellman, see bellringer. 

Bellomont administration, l699- 
1700, 194, 195. 

Bellringer, 105 ; order for the, 104. 

Bellringing, selectmen's order as 
to, July 25, 1664, 74, 75. 

Bernad, Bai-tholomew, contractor 
for town house, 65-7. 

Berry, James, 132. 

Bickerstaffe, John, whipped, 6*. 

Biggs, John, 6l. 

Bilbowes, 3*, 4*. 

Billirikey, town of, 149. 

Bills of credit, 198. 



Births, record of, provided for in 
1642, 34. 

Bishop, Mr. , 63. 

Bishop, Bridget, hanged as a 



witch, 190. 

Bishop of London claims colony 
as part of diocese, 135. 

Bithin, Mary, rents shop under 
town house, 84. 

Blacklach, Jo", 6l. 

Blackstone, William, receives 
grant of fifty acres, 13. 

Blake, Henry, 63. 

Bligh, Thomas, 59- 

"Body of Liberties,' ' 1 64 1 , quoted, 
46, 107. 

Bonde, Joseph, 60. 

Bonamy, J", 133. 

Book of Possessions, 6. 

Book of Common Prayer, see 
Common Prayer, Book of. 

Book-business, early, on Corn- 
Hill, 85. 

Books, given by William Back- 
house, 1629, 121; given by 
Capt. Keayne for a public li- 
brary, 119, 120; given by Rev. 
John Oxenbridge, 120, 121; 
lost in fire of 1711, 123. 

Booksellers in and around town 
house, 83-5. 

Boston, 3, 5, 6, 9, 12, 13, 17, 19, 
42, 44, 50, 65, 66, 69, 16, 82, 
83, 84, 85, 86, 87, 89, 91, 93, 
94,97,100,108,111,115,153, 
173, 175, 177, 181, 183, 184, 
185, 186, 201, 202, 8*, 9*- 

Boston Common, 8, 103, 149, 
180. 

Boston : conditions under Dudley, 
[31*] 



Index 



198 ; ferry toWinnetsemett,38, 
106; fined by General Court, 
26; fire referred to by the Ma- 
thers, 208, 211; named first as 
town in 1 630, 10; neck defined, 
9*; old town house, see Town 
house ; population ceases to in- 
crease from 1705-1 1, 198 ; post 
office mentioned, 123; streets 
paved as early as l663 with 
cobblestones, 103; town house, 
see Town house. 

Boston, first postmaster of, 87; 
first settlers' condition and con- 
duct of affairs of, 7, 8 ; first two 
principal streets of, 3 ; incorpo- 
ration of, voted down, 198; ori- 
ginal bounds of, 3; quarterly 
court at, 21 ; use of town house 
by town of, 97-106. 

Boston Athenaeum, has book of 
town library prior to 1 7 1 1 , 1 2 3 ; 
has library of Boston, originally 
belonging to King's Chapel, 
125. 

"Boston News Letter," account 
of fire of October 2, 1711, 207; 
advertisement in, 123. 

Boston Record Commissioners 
Reports, 118. 

Boston-Winnetsemett ferry-rent 
remitted, l644, 38. 

Bostonian Society, 56. 

Bostonian Society Publications 
(vol. 3), 64. 

Bounties upon foxes and wolves, 
24, 31, 39, 40, 152. 

Brace, Steuen, fined, 105. 

Brackett, Peter, of Braintrje,149. 

Bradshaw, Humphrey, 60. 



Bradstreet, Simon (1603-97), x, 
177, 178, 183, 184; commis- 
sioner to England, 115; coun- 
cillor or assistant to governor, 
188; governor, 1679-89, x, 94, 
169, 19*; president of the 
Council for the Safety of the 
People and Conservation of the 
Peace, 186, 19*; resigns, 187. 

Bradstreet government, 1 16, 1 17 ; 
mild rule of, 196-9- 

Bradstreet provisional govern- 
ment imprisons Dudley, 1689, 
196, 197. 

Braintree, 149, 10*. 

Brasenose, whipping at, I6*. 

Brattle, Capt., 122. 

Brattle, Thomas (1657-1713), 61. 

Brazer Building, 4. 

Brenton, William, 5, 52, 63. 

Brett, Maurice, pilloried and 
whipped, 44, 11*. 

Briant, Thomas, whipped, 8*. 

Bridewell, 13*. 

Bridgham, Henry, 6I. 

Brinsmead, Mr. , 180. 

Brisco, 179- 

Broadstreet, Symond, overseer of 
Capt. Keayne's will, 58. 

Brodbent, Joshua, 132. 

Brome, George, 60. 

Bromfield, Mr. Edward, 199- 

"Brother" and "Sister," titles 
used among first settlers, 7. 

Broughton, Mr. , 51, 56. 

Broune, Elisabeth, see Browne, 
Elizabeth. 

Browne, Mr. , 193. 

Browne, Elizabeth, whipped, 44, 



12*. 



[ 32*] 



Index 



Buttolph, Thomas, 59; house of, 

5,6. 
Byfield, Mr. Nathaniel (1653- 

1733), 195. 



Browne, James, witness to build- 
ing contract of town house, 67. 
Browne, William, a runaway, 

whipped, 10*. 
Browne, W™-, Esqr., 63, 112. 
Browning, Joseph, bookseller, Cable, John, whipped, 3*. 

85, 86. Caiman, Alexander, shoemaker, 

Browning, Mr. , 180. fined, 105. 

Cambridge, 121, 122, 8*; origi- 
nally Newe towne, 6, 1 5 ; only 
place where printing was al- 
lowed in l665, l64; present 
name ordered in l638, 25. 
" Cards, dice or tables ' ' prohibited 
by law, 11, l65. 



Brumfeild, William, punished, 5*. 
Brunning, Joseph, see Browning, 

Joseph. 
Bryan, Darby, whipped, 12*. 
Buckley, an Episcopalian, l686, 

139. 
Bucknam, Sarah, whipped, 12*. 
Buet(s), Hugh, a heretic, ban- Carter, Ann, 6l 



ished, 1640, 7*. 
Building contract of town house, 

65-7. 
Building law, first passed in l679, 

205; modified in 1684 and 

1692, 169, 205. 
Bullivant, Benjamin, 112, 114, 

115. 
Bumsted, Thomas, 62. 
Burial of suicides, law in regard 

to, 151. 
^'Burnings bewailed: in a Sermon 

occasioned by the Lamentable 

Fire which was in Boston, Oc- 

tob. 2, 1711.... By Increase 

Mather," 207, 208. 
Burrington, from Newfoundland, 



Carter, Richard, 62. 

Carwithen, Elizabeth, 132. 

Cases of whipping and other pun- 
ishments, 10, 12, 142-5, 3*- 
17*. 

Castine, Jeremy, 6I. 

Castle, Widow , I06, 

Castle Island, 159; fortifications 
provided for, I6. 

Catalogue, of King's Chapel li- 
brary, 1 25 ; of town library, 122. 

Cavalier and Puritan church con- 
troversy, 140, 141. 

Censorship of the press, by An- 
dros, 1689, 181; by order of 
General Court, 156, 1 64; regu- 



lations of, in I68I, 169. 
brings news of Queen Anne's Centres of community life, 5, 6. 



accession, 108. 
Burrows, John, whipped, 7*. 
Burwoode, Ales, whipped, 6*. 
Busby, Abraham, 63. 
Bussaker, Peter, whipped, 4*. 
Button, John, 59. 



Centry hill, see Sentry hill. 

Chamberlin, Widow , 41. 

Chancellor, Lord Coke on title of, 
158. 

Characteristics of the early set- 
tlers, 46, 47. 
[ 33*] 



Index 



Charges for repair of town house, 
1 667, 1 693, apportioned, 89, 90. 

Charles I, charter of, 9, 145, 19*. 

Charles II, 151, 152, 157, 161, 
162, 169, 170. 

Charlestown, 3, 1 1, 13, 35, 36, 44, 
177, 187, 11*, 12*. 

Charlestown fei'ry, 11; revenues 
granted to Harvard College, 31. 

Charter, 97, 100, 107. 

Charter and Indian titles safe- 
guarded by General Court order 
of 1686, 174. 

Charter members of the colony, 9. 

Charter rights and privileges de- 
fended, 1664, 1665, 163. 

Charter, first, I629, see Colony 
charter. 

Charter, second, I691, see Prov- 
ince charter. 

Checkley, Jo., 63. 

Cheesholme, Thom., 7*. 

Cheever, Bartholomew, 62. 

Chelmsford, town of, 149. 

Chickering, Henry, of Dedham, 
150. 

Chimney-sweeping, 102. 

Christ College, Oxford, whipping 
at, 16*. 

"Christian Commonwealth," by 
John Eliot of Roxbury, sup- 
pressed by General Court, 153. 

Christmas observance, a crime by 
order of General Court, 148; 
under Andros government dis- 
tasteful to colonists, 181. 

Church controversy between Ca- 
valier and Puritan, 140, 141. 

Church meetings, fine for ab- 
sence from, 18, 129. 



Church of England : and Puritan 
intolerance, 128, 129; ceremo- 
nies denounced by Samuel 
Mather, I66O, 124; first service 
in town house, 94; organized 
in Boston, June 15, I686, 137, 
203; to be countenanced and 
encouraged, 1686, 176. 

Church of England services: in 
Exchange, 139; in library 
chamber, 137, 138; in town 
house, 78, 127/:, 136; in South 
Meeting-house, 141, 142. 

Church of King's Chapel, see 
King's Chapel. 

Churches, rules as to admission 
of new, 20, 21. 

City hall, repository of town rec- 
ords, 118. 

Clark, an Episcopalian, 1 686, 139. 

Clark, Daniel, fined, 26. 

Clarke, John, 132. 

Clarke, NathH-, 112, 115. 

Clarke, Thomas, the chirurgeon, 
51, 56. 

Clarke, Thomas, Capt. (later Ma- 
jor), 59, 157, 159. 

Clarke, Thomas, locksmith, 63. 

Clarke, Walter, 113. 

Clarke, William, whipped, 6*. 

Clayf, Mary, of Watertown, 133. 

Clement, Augusten, 60. 

Cloements, Vriah (cilias John 
Ball), branded, 15*. 

Cloth and linen, spinning and 
weaving of, recommended, 30. 

Clothing, order as to expensive 
and dressy, 1 6, 17; regulations 
concerning price of, 14, 20. See 
also Apparel. 



[ 34*] 



Index 



Clough, John, 61. 

Clough, Samuel, clock-mender, 

113. 
Cog(g)an, John, 59; house and 

shop of, 6; witness in court, 19- 
Coggan, Henry, 6*. 
Coke, Lord, on title of chancellor, 

158. 
Colburn, Will, 62. 
Cole, Mrs. Anna, late relict of 

Capt. Keayne, 150. 
Cole, Peter, whipped, 12*. 
Cole, Samuel, 6I; house of, 3; on 

committee for contract of town 

house, 65. 
Collaine, Matthew, whipped, 8*. 
Collens, John, 6I. 
Colman, Alexander, whipped and 

sent out of town, 13*. 
Colonial acts allowed and disal- 
lowed under charter of 169], 

109. 
Colonial courts held monthly in 

east room of second floor of 

town house, 76. 
Colonial Laws quoted, 69 note, 

130 note. 
Colony, assistants in the, 9, 145, 

146; first postmaster of, 29; 

worship in the, 127. 
Colony and crown contest begins 

in town house, l665, l63. 
Colony and town before building 

of town house, 1-47. 
Colony and town uses of town 

house, 69-79. 
Colony called by royalists the 

"Corporation of Boston," 146. 
Colony charter of Charles I, 1629, 

ix, 9, 97, 100, 107, 126, 145, 



19*; act concerning safekeep- 
ing of, in 1664, 156, 157; ad- 
ditional order as to safe cus- 
tody, 1679, 168; authority of 
courts under, 145; forfeiture 
proceedings in England, 157; 
immediate effects of revocation 
of, 175, 176; original members 
under, 9 ; petitions to king and 
Parliament, I66O, for confirma- 
tion of, 151 ; revoked. May 17, 
1 686, 1 73 ; rights and privileges 
maintained by Massachusetts 
colony, 1664, 1665, 163 ; sur- 
render stoutly opposed, 1684, 
100, 101, 107; use of town 
house by colony government 
under, 145-71. 

Colony conditions during Dudley 
administration, 198. 

Colony courts, partial statement 
of punishments inflicted by 
orders of, 3*-l7*; use of town 
house by, 69, 93. 

Colony government, 8, 9; and 
Stuart dynasty conflict, 147; 
controlled by Puritan church, 
1 1 ; use of town house by, 
1659-86, 145-71. 

Colony law of l646 on marriage, 
130. 

Colony laws published and posted 
in town house, 107. 

Colony Laws, see Colonial Laws. 

Colony of the Massachusetts, 90. 

Colony post-office, 29. 

Colony records, kept in town 
house, 93, 111; now known as 
the Massachusetts Archives, 
118. 



[ 35*] 



Index 

''Colony Records" referred to, Contractors for town house, 65, 

168, 3*. 67. 

Colony tax, 10, 12, 13, 17, 41. Contributions toward building of 

Colony treasury in town house, town house, 58-64. 

93. Conway, Davyd, whipped, 9*- 

Commissioners, of colony sent to Cook, Mr. , l694, 193. 

England, l66l, 155; of the Cooke, Dr. Elisha, 100, 122, 183, 

United Colonies, 94. 184. 

Commissioners, royal, and Massa- Cooke, Francis, fined, 1 06. 

chusetts Colony in l664, l665, Cooke, Lieut. Richard, 59, 63. 

l63. Cooper's Tavern, 193. 

Committee, of military affairs, Coote, Richard, Earl of Bello- 

17, 19; on contract for building mont, governor of Massachu- 

of town house, 65; on plan for setts Province,New Jersey and 

town house, 56; to meet Gov- New Hampshire, 1699-1700, 

ernor Dudley, 195. x, 194, 197, 19*. 

Common, the Boston, 8, 103, Corey, Giles, pressed to death by 

149; pirates hanged on, 180. heavy weights, I90. 

Common Prayer, Book of, 121, Corn, as payment of taxes, 12; 

124, 126, 127, 129, 130, 136, price of, 8, 13, 18, 155. 

138; among early gift of books Corn-Hill, the, early centre of 

in 1629, 121, 122. book-business, 85; part of pre - 

Concord river, plantation on, 23. sent Washington street, 3. 

Conduit provided for in will of "Corporation of Boston," name 

Capt. Keayne, 50-7; building of royalists for the entire col- 

of it abandoned, 57, 58. ony, 146. 
Coney, John, 60. Corpus Christi College, Cam- 
Congregational meeting-houses in bridge, England, whipping at, 

Boston, 1686, 136, 137. l6*. 

Connecticut Colony, member of Correction, house of, 12, 149, 150. 

the United Colonies, confed- Corser, William, 62. 

eracy, l670, I66; submits to Cotcree, Thomas, whipped, 10*. 

demands of royal commission- Cotton, Rev. John (1585-1652), 

ers, 1665, 162, 164. 5, 203. 

Constable(s), 7, 10, 13, 20, 33, Cotton, William, 6S ; censured by 

96, 105, 153, 4*, 13*. General Court, 158. 

Construction of town house, 49- Coudrey, William, of Redding, 

68. 149. 

Contract for building of town Council, the chief executive of 

house, 65-7. colony, July, 1701-June, 1702, 

[ 36*] 



Index 



195, 19* ; work and importance 
of, under Dudley and Andros^ 
178, 181, 182. 

Council chamber on second floor 
of town house, 76, 93; re- 
paired, 92. 

Council for the Safety of the Peo- 
ple and Conservation of the 
Peace, 11 6, 186. 

^'Council house," name for town 
house under Dudley and An- 
dros, 1686-9, 115, 117, 136, 
173, 174, 178. 

Council orders, 1 1 2, 1 1 6, 1 7 7, 1 8 1 . 

Council records, 108. 

Country rate allowed by General 
Court toward building of town 
house, 69. 

Court, actions of the, 10, 11, 12, 
15, 16. 

Court house, see Town house. 

Court house on Court street later 
place for sittings of the courts, 
118. 

Court of appeals instituted, 34. 

Court of assistants, 11, 17, 18, 19; 
decisions and regulations of, 
20, 22; meetings of, 28, 29, 
118; number of members, 78, 
153; records of the, 118, 3*. 

Court records, order passed in 
1639 in regard to keeping of, 
28. 

Court street formerly Queen 
street, 3. 

Court uses of town house, 69, 9S. 

Courts held on second floor of 
town house, 74, 76. 

Courts, authority of, under colony 
charter, 145. 



Coward, John Herbert, 113, 115. 

Coxeshall, Mr. , 13. 

Coy, Matthew, chirurgeon, 104. 
Cribb, Beniamyn, whipped, 3*. 
Crocket, Mrs. Elisabeth, 14*. 

Crofts, Captain , 195. 

Cromwell, Oliver, death of, 148. 
Crown and colony contest begins 

in town house in 1665, l63. 
Current pay, money for, 17. 
Custodians of colony charter in 

1664 and l679, 157, I69. 

Danforth, Rev. John (l650- 
1730), 94. 

Danforth, Thomas (1622-99), 89, 
183, 184, 193. 

Darland, Phillip, fined, 14*. 

Date of charters, 1 9*. 

Date of the "foure greate Quar- 
ter Courts," Boston, 21. 

Dauis, Captain, 57. 

Dauis, James, 6I. 

Dauis, Thomas, 12*. 

Dauis, Wm., 59. 

Dauling, David, whipped, 10*. 

Davenport, Lieut. Richard (I606- 
65), paid for charges disbursed 
for slaves, 26, 5*, 7*. 

Da vice, Sam", 6I. 

David, a servant, 96. 

Davies, Jenken, whipped, 9*. 

Davies, John, whipped, 5*. 

Dawes, John, overseer of youths, 
104. 

Day of pubUc humiliation, 1 7, 1 48. 

Day of public thanksgiving, 148. 

Death penalty for adultery, 12; 
for heresy, 149,150; for witch- 
craft, 189, 190. 



[ 37*] 



Index 



Death sentence passed on Qua- 
kers, 149, 150. 

Deaths, provision for recording, 
1642, 34. 

Deceased wife's sister question, 
135, 166, 15*. 

Declaration : against the power of 
the Pope, l67, l68; as to the 
Quakers, l66l, 150; of indul- 
gence by James II, 179; of 
Prince of Orange, l689, 183; 
Royal, of July 26, l683, 101, 
107, 157. 

"Declaration, The, of the Gentle- 
men, Merchants, and inhab- 
itants of Boston and the Coun- 
try Adjacent," l689, 184. 

Dedham, 149, 150, 207. 

Defendant's rights and duties 
defined, 53. 

Denison, Daniell (1 613-82), over- 
seer of Capt. Keayne's will, 
58. 

Deputies and monthly colonial 
courts, meeting-place of, 76. 

Deputies to the General Court, 
5, 8, 15. 

Deputies, Capt. Thomas Savage 
speaker of, 147; instructions 
given to, 100; number of, 22, 
78, 79; rights and privileges 
under colony charter, 15, 145; 
sittings of, separated from 
those of magistrates, 36. 

Deputy governor, 6, 9, 10, 12, 13, 
178. 

Dewer, Thomas, 62. 

"Diary" of Judge Sewall, see 
Sewall's "Diary." 

Dice prohibited by law, 11, l65. 



Dickerson, Thomas, whipped and 
made slave, 6*. 

Disallowance of colonial acts, 
109. 

Discrimination against Papists, 
167, 168, 188. 

Distances measured from town 
house, 96. 

Divorce, decrees concerning nul- 
lity of marriage and, 1639, 29, 
30. 

Dixon, William, set in the bil- 
bowes, 4*. 

"Doctrine of Divine Providence," 
l684, by Increase Mather, 85. 

Dorchester, 10, 26. 

Douse, Francis, 60. 

Dragon Inn, see Green Dragon 
Inn. 

Drill room of Artillery Company, 
93, 94. 

Drinking, order against exces- 
sive, 1645, 39. 

Drinking healths, order passed 
against, 1639, 26, 27; order 
repealed, 1645, 42; forbidden 
again, I66I, 153, 156; over-in- 
dulgence bewailed by Sewall, 
95. 

Drury, Hugh, 6I. 

Ducking for scolding, famous or- 
der as to (1672), 166. 

Dudley, Joseph (1647-1720), 
112, 113, 115, 136; and Gen- 
eral Court at discord for some 
time after 1702, 197, 198; go- 
vernor, 1702-14, X, 195, 203, 
204, 19*; imprisoned, I689, by 
Bradstreet government, 196, 
197; institutes Church ofEng- 



[ 38*] 



Index 



land services in town house, 
126, 130, 139, 140; order con- 
cerning solemnization of mar- 
riages, 130, 131; president of 
''Massachusetts, Maine, Nova 
Scotia and the lands between," 
1686,173,182, 19*; resides at 
Roxbury, I96. 

Dudley, Major, see Dudley, .Jo- 
seph. 

Dudley, Thomas (1576-1652), 
deputy governor, 6; commis- 
sioned sergeant major-general, 
1644, 36. 

Dudley, Capt. Thomas, keeper 
of public office and writings 
under town house, I689, II6. 

Dumer, Jer., Philosophiae Dr. 
(I68O-I739), 95. 

DuiTier, Capt. Jer., 199- 

Duncan, Nathan, 62. 

Duncan, Peter, 62. 

Dunster, John, 6. 

Dunton, John (1659-1733), en- 
tertained in town house, l685, 
94; quotation from, 45, 76. 

Dutton, John, whipped, 7*. 

Dwight, Mr. Seth, 207. 

Dyer, Giles, keeper of town clock, 
105. 

Dyer, Mary, Quakeress, banished, 
and, returning, hanged, 149, 
150, 151. 

Eales, John, beehive-maker, 39- 
Early colonists, characteristics of, 

46, 47. 
Eavens, David, 63. 
Edsell, Thomas, 59. 
Edwards, David, 122. 



Edwards, Mathewe, whipped, 5 *. 

Eire, Simon, 60. 

Elders' and ministers' room in 
town house, 51, 53. 

Eliot, Benjamin, bookseller, 83, 
85. 

Eliot, Rev. John (1 604-90), 153. 

Eliott, Deacon, IO6. 

Emons, Tho., 60. 

Endicott, John (1589-1665), 58; 
charter member of the colony, 
9; governor, 1655-65, x, 147, 
154, 156, 161, 19*. 

English law and the revocation 
of the colony charter, I686, 
175, 176; sovereigns, 19*. 

English universities and colleges, 
whipping at, I6*. 

English, William, 6I. 

Entertainment of strangers, 7. 

Episcopal services, see Church of 
England services. 

Equity jurisdiction in the colony, 
first exercise of, 34. 

"Essay, An, for the recording 
of Illustrious Providence," by 
Increase Mather, 86. 

Euered, John, 58. 

Eueritt, James, 60. 

Excessive drinking, order against, 
1645, 39. 

Exchange and staircases protected 
byorderofselectmen,75 ; called 
the "lower room," 1709, 75; 
drill room for Artillery Com- 
pany, 94; on first floor of town 
house, 74 ; used for Church of 
England services, 139- 

Excommunication from Church 
and its results, 25, 26. 



[ 39*] 



Index 



Extravagance of people of Bos- 
ton in dress denounced and 
bewailed by Increase Mather, 
208. 

Eyre, John, 11 6, 117. 

Fairbanks, Richard, of Boston, 
first postmaster of the colony, 
29. 

Fairefeild, Daniell, whipped, 43, 

9*. 

Fairfax, George, branded and 
whipped, 14*. 

Fairweather, Thomas, house of, 3. 

Falmouth, town of, 151. 

Faneuil Hall later place for town 
meetings, 118. 

Farnam, John, 63. 

Farny, Thomas, appointed bell- 
ringer, 105. 

Farthings, no current pay, 17. 

Fasts, sermons and lectures in 
town house disapproved by An- 
dros, 180, 181. 

Fauor, Goodman, at Rumny 
Marsh, 104. 

Fay, Thomas, 6l. 

Fellingham, Francis, of Salem, 
10*. 

Felton, Beniamyn, 4*. 

Ferry between Boston and Win- 
netsemett, 38, 106. 

Ferry to Charlestown, 1 1 ; reve- 
nues granted to Harvard Col- 
lege, 31. 

Ferry to Weymouth, 38. 

Festivities, use of town house 
for, 95. 

Financial ability the basis of tax- 
ation, l6. 



Finch, Katherine, whipped and 
committed, 43, 5*. 

Fire destroys town house in 1 7 1 1 , 
201 - 1 2 ; orders as to danger of, 
70, 98, 104, 105. 

Fires, in early history of Boston, 
204, 205 ; referred to by In- 
crease Mather and others, 207, 
208, 211. 

First charter, see Colony charter. 

Fisher, Capt. Daniel, custodian 
of colony charter, l679^ l69- 

Fitch, Thomas, 6l. 

Flint, captain and shipmaster, 83, 
84. 

Food, but no payment, for select- 
men, 7. 

Foote, Henry Wilder, *' Annals of 
King's Chapel," 131, 143. 

Foreigner's suit against settled 
inhabitant, decision concern- 
ing (1644), 37. 

Forfeiture of colony charter in 
England, proceedings for, 157. 

Fortification of Castle Island, l6. 

Foster, Capt. John, 94, 11 6, 117. 

Foster, John, astrophil, 85. 

"Foure greate Quarter Courts" 
at Boston, 21. 

Foxe, Thomas, whipped, 11. 

Foxes, bounties on, 24. 

Foxhill, 106. 

Frary, Lieutenant , 1 3*. 

Free school at Roxbury founded 
in 1660, 151. 

Freedom of the press, suppressed 
by act of General court, l665 
and l667, l64, l65; again reg- 
ulated, l681, 169; restricted 
by council, 1688-9, 181. 



[ 40*] 



Index 



128, 134, 135, 147-57, 158, 
164-6, 171, 174, 205. 

General Court: acts disallowed by 
Privy Council, 193, 194; ad- 
dresses King Charles II on 
preservation of charter, l664, 
l6l, 162 ;and Governor Dudley 
at discord for some time, 197, 
198; and other courts use the 
town house, 69; chooses assis- 
tants, or councillors of gover- 
nor, 188; committee to hear 
and determine petitions and 
other private business, 24; de- 
puties, number from each town, 
22, 78, 79; expenses to be paid 
proportionately by the several 
towns, 39, 69 ; holds two meet- 
ings a year, 21 ; prevents town 
meetings in town house, 69, 
70; probably meets in large 
room of town house, 77; suc- 
ceeded, in 1692, by the Great 
or General Court or Assembly, 
188. 

General Court, first meeting in 
town house, 147; grants made 
to governor and officials, but no 
fixed salaries, 195, 197, 198; 
instruction to representatives 
or deputies to the, 100; powers 
of the, 1 5 ; use of town house, 
by, 93. 



Freemen, 8, 10, 11, 15, 97, 100, 
101, 145, 146, 153. 

Freemen, alone have right to 
vote, 20 ; must be members of 
churches within town limits, 
11. 

Freemen, act modifying condi- 
tions for becoming, I60, I6I; 
rights and privileges of, 22, 23. 

French, Lieutenant , 149. 

French and Indian wars impov- 
erish colony, 189- 

Frost, Nicholas, whipped and 
branded, 3*. 

Fur-trade with Indians, 33. 

Gaming prohibited by law, 11, 
165. 

Gammage, John, whipped, 10*. 

Garland, John, whipped, 8*. 

Gatchell, Joseph, pilloried, muti- 
lated, &c., 44, 15*. 

Gedney, Mr. , l694, 193. 

Gedney, Capt. , I686, 173. 

Gedney, Bartholomew, 112. 

Geffries, David, 139. 

Gell, Richard, runaway, whipped, 
10*. 

General Assembly, 174. See also 
General Court. 

General Assembly under province 
charter, 192. 

General Court, 1, 5, 15, 17, 97, 

107, 108, 111, 126, 145, 173, General town meetings, 5, 6, 8, 
174, 187, 188, 189, 190, 194, 49, 56. ^ee a/*o Town meetings. 
195, 197, 202, 205. George, Capt. , I686, 141. 

General Court, Acts, laws, orders, Gerrish, John, 104. 

and recommendations of, 5, 14, Gibbs, Mary, punished, 12*. 
16,17-20,22-6,29-46,69,74, Gibbs, Robert, leases part of 
89,90,91,98,99,111,116-17, place under town house, 74; 

[41*] 



Index 



rents cellar under town house 
for fifty-one years, 81, 82. 

Gibson, Christopher, 6l. 

Gibson, William, 6l. 

Gifts to the library in the town 
house, 120. 

Gillam, Goodman, 10*. 

Glover, Mr. Ralfe, 3*. 

Glover, Rev. John, 6. 

Goodwin, Edward, 62. 

Gookin, Capt. Daniel (l6l2-87), 
press censor (l662), 156, l64. 

Gookin, Sheriff , 108, lOp. 

Gorton, Samuel (1600-77), de- 
clared a blasphemer and con- 
fined to Charlestown, 35, 36. 

Government of the colony, 8 ff. 

Governor, 5,6, 7, 9, 10,12, 13, 18. 

Governor and Company of the 
Mattachusetts Bay in New 
England, 9- 

Governor and council, attempt 
seizure of records from Raw- 
son, 112-14; occupy west room 
of second floor of town house, 
76. 

Governor and deputy governor 
first chosen from among the 
assistants, 10. 

Governor does not receive fixed 
salary, but only a grant, 195, 
197, 198. 

Governor, beadle for the, 9- 

Governor, deputy governor and 
council in Andros's adminis- 
tration, 178. 

Governor's Island, rent of, 18. 

Governors, succession of, 19*. 

Granary in town house, 93, 95. 

Grand juries ordered by General 



Court, 19; payment of, 20. 

Grants made by General Court 
to governor and officials, 195, 
197, 198. 

Gray, Thomas, whipped and ban- 
ished, 5*. 

Great or General Court or As- 
sembly successor to General 
Court, 1692—, 188. 

Great street, the present State 
street, 3, 201. 

Green Dragon Inn, 93, 199. 

Green, Bartholomew(l 666- 1732), 
printer, 86, 87. 

Green, John, banished, 25. 

Green, Samuel (I6l5-1702), 
printer, 86, 184. 

Greene, Jno, "marshall general," 
170. 

Greene, Nathaniell, 62. 

Grenleff, Edmond, 60. 

Gridley, Richard, 59- 

Griffin, Jno., buried, 139. 

Hale, Mr. , I69O, 180. 

Hales, Sarah, fined or whipped, 
7*. 

Hampton, town of, 149. 

Hams, Marke, 63. 

Hanging of Quakers, 149. 

Harris, Benjamin, bookseller,l 84. 

Harrison, Wm., the "Bodies- 
maker," 138. 

Harvard College, Cambridge, 26, 
35, 120; cases of whipping at, 
15*, 16*; contributions of the 
several towns toward, 38; gov- 
ernment and direction of, estab- 
lished by General Court, 1642, 
35; incoqioration act disal- 



[42*] 



Index 



lowed by Privy Council, 194; 

library, 125, 127; revenues of 

ferry between Boston and 

Charlestown granted to, 31. 
Harwood, Thomas, 60. 
Haslewood, John, whipped and 

made a slave, 5*. 
Hatch, Jonathan, whipped, 7*. 
Hatchet, William, condemned to 

be hanged, 33. 
Hathaway, John, whipped and 

banished, 5*. 

Hathorne, , 193. 

Hawkines, John, 6l. 

Hawkins, James, defendant, 19. 

Hawkins, James, whipped and 

bound over, 8*. 
Hawkins, Jane, twice banished, 

25, 32. 
Hawkins, Thomas, whipped and 

bound over, 8*. 
Hayman, John, 104. 
Haywood, John, of Boston, no- 
tary, 83. 
Health, drinking to oneanother's, 

see Drinking healths. 
"Heaven's Alarm of the World," 

a sermon by Increase Mather, 

86. 
Hely, Goodman, whipped, l6*. 
Henberry, Luke, punished, 5*. 
Henly, George, tallow chandler, 

131, 132. 

Heron, Capt. , 195. 

Hett, Anne, whipped, 10*. 
Hewes, Joshua, 60. 
Heyman, Peter, 133, 134. 
Hickbourne, Davy, whipped, 8*. 
Higgs, John, Clothworther, 131, 

132. 



High street, the present Washing- 
ton street, 3, 201. 

Highways, general order, l639, 
for laying out of, 29- 

Hill, Bartholomew, whipped, 10. 

Hill, Mr. , 63. 

Hill, the shoemaker, 142. 

Hincks, John, 112. 

Hindersam, Margaret, punished, 
6*. 

Hinkley, Thomas, 112. 

Hingham, town of, 149; author- 
ized to use meeting-house for 
a watch-house, 26. 

Hobby, Major Charles, I96. 

Honywell, Mary, of Boston, 134. 

Hook, Mr. , 1694, 193. 

Hope, the Indian, whipped, 7*. 

Houchin (Howchin), Jer., 64; 
of committee on plan, and on 
contract for town house, 56, 
65. 

House of correction, 12, 149, 150. 

Houses, construction and mate- 
rial of first, 6. 

Howard, John, scribener, 83. 

Howard, Will, keeps "wrighting 
schoole," 105. 

Howe, Joseph, 6I. 

Howkins, Tho., 59- 

Hubbard, Capt. Joshua, of Hing- 
ham, 149. 

Hubbert, John, wire-drawer, 103, 
105. 

Hudson, Francis, IO6. 

Hudson, John, whipped, 9*- 

Hudson, Willm, 59. 

Hull, John (1624-83), 59; agent 
to make contract for building 
of town house, 65. 



[ 43*] 



Index 



Hull, Mrs. ,11* 

Humfrey, , 9*- 

Hussie, Lieutenant Christopher, 
of Hampton, 149. 

Hutchinson, Edward, Sen.(l6l3- 
75), of committee on plan for 
town house, 56. 

Hutchinson, Edward, agent to 
make contract for building of 
town house, 65. 

Hutchinson, Eliakim, 194-, 195. 

Hutchinson, Col. Elisha, 193, 199. 

Hutchinson, Mrs. Ann, fined and 
banished, 23. 

Hutchinson, Samuel, 59- 

Hutchinson's Collection or His- 
tory referred to, 121, 122, 131, 
136, 146 notes, 178, 179, 184. 

Incest, bill against, 135. 

Incorporation act of Harvard Col- 
lege disallowed by Privy Coun- 
cil, 194. 

Incorporation of Boston as city 
or borough, 1 709, voted down, 
198. 

Increase of population ceases from 
1705-11, 198. 

Indian corn, price of, 8. 

Indian fur-trade, 33. 

Indian runaway whipped, 7*, 

Indian titles safeguarded by 
General Court order of l686, 
174. 

Indian wars impoverish colonists, 
175, 189. 

Indians, 11, 33; selling powder 
to, punished, 4 * ; special action 
with regard to protection a- 
gainst attacks of, l642, 34-6. 



Inhabitants, status and duties of, 
7, 8, 15, 25, 37. 

Innocent VIII, Pope, on witch- 
craft, 191. 

Inns and innkeepers, and regula- 
tions concerning, 16,24,29, 39- 

Instructions given to representa- 
tives or deputies to the Gen- 
eral Court, 100. 

Ipswich, 5 *, 8 * ; quarterly courts 
established for, 21, 31; re- 
corder appointed for, 3 1 ; se- 
lectmen fined, 1686-7, for pro- 
test against taxation, 178. 

Jacklin, Edmund, 57, 6I. 

Jackson, Edmund, 6I. 

Jacob, John, merchant, 132. 

James II, addressed by colonists, 
171; first declaration of indul- 
gence, April 4, 1687, 179; pro- 
claimed king in Boston, April 
20, 1685, 170. 

Jeffrey, Jane, whipped, 10*. 

Jesson, Jacob, fined, 11*. 

Joanes, Rich^d, whipped, 6*. 

Johnson, Capt. , of Woo- 

borne, 149. 

Johnson, Capt. , custodian 

of charter, l664, 157. 

Johnson, Abigaile, whipped, 12 *, 
13*. 

Johnson, James, 62 ; overseer of 
Capt. Keayne's will, 58. 

Jones, Mr. , schoolmaster, 

104. 

Josselyn, John, 76. 

Joy, Thomas, 6I ; one of the two 
contractors for building of town 
house, 65, 67. 



[ 44*] 



Index 



Joyliffe, Jno, 60. 

Judge and pai-ties must not be 

relatives, 35. 
Juries, payment of, 20. 
Justices of the peace, 9- 

Keayne, Anna, grandchild of 
Capt. Keayne, 150. 

Keayne, Benjamin, son of Capt. 
Keayne, 120. 

Keayne, Robert (1595-1656), 
89,95,119,122,126,138,150, 
201 ; enables building of town 
house, 49-55 ; first commander 
of the Ancient and Honour- 
able Artillery Company, 49; 
first free library in America 
provided for by, 52, 119, 120; 
house of, 5, 49; will of, 49-55. 

Keayne, Willson, brother of Capt. 
Keayne, 120. 

Keayne family, act of General 
Court concerning, 150. 

Keith, G., Episcopal minister, 
196. 

Kemble, Henry, 60. 

Kempe, John, whipped and com- 
mitted, 43, 5 * 

King of England, the real owner 
of colony land and property, 
1686, 175, 176. 

King street, now State street, 64. 

King's Chapel, 136, 138; library, 
125; records, 78, 137, 138, 
185. 

"King's Chapel Annals,' ' 1 3 1 , 1 43. 

Knap, James, of Watertown, 133. 

Knight, John, whipped, 7*. 

Knights, Mary, whipped, 44. 

Knopp, , fined, 10. 



Knower, Tho., set in the bil- 
bowes, 3*. 

Labour question and order of 

town meeting bearing on it,99- 
Labourers' and servants' pay, 13, 

14, 22. 
Lace, use of, forbidden, l6, 22, 

27. 
Lake, John, 62. 
Lake, Thomas, 59, 81. 
Lane, Edward, 63. 
Lathrop, Jno, 115. 
Laurence, James, whipped, 7*. 
"Lawes and ordinances of warr," 

promulgated by the colony in 

1675, 166. 
Laws published in town house, 

107-9. 

Lawson, Mr., preacher (1688), 
180. 

Lechford, Thomas, quoted, 5. 

Lecture day, 5. 

Lecture, time of, 14, 15, 30. 

Lectures in town house disap- 
proved by Andros, 180, 181. 

Leder, Thomas, 62. 

Lee, Rev. (?) , 179, 180. 

Lee, John, whipped, 15. 

Lemist, Samell, 60. 

Levidall, widow Susannah, 132. 

Leverett, Major Genii, see Leve- 
rett, John (1616-79). 

Leverett, Hudson, 132, 133. 

Leverett, John (l6l6-79), gov- 
ernor, 1672-9, X, 19*; custo- 
dian of colony charter (l664), 
157; house of, 5. 

Leverett wharf, 140. 

Lewes, John, 63. 



[45*] 



Index 



LeweSj wife of Robrt, whipped, 
8* 

Lewis, John, runaway, whipped, 
10*. 

Liberty of conscience in wor- 
ship allowed under province 
charter, I692, 188. 

Library in town house, on second 
floor, east room, 78, 119-26; 
prior to town house, 121. 

Library chamber, 112, 114; used 
for Church of England services, 
137, 138. 

Library: catalogue made in 1702- 
4, 122; gifts to, while in town 
house, 120, 121; money ex- 
pended upon, in 1683, 122. 

Library of Boston belonging to 
King's Chapel, 125. 

Library of Harvard College, 125. 

Lidget, Charles, 137. 

Linne, see Lynn. 

List of subscribers toward build- 
ing of town house, 58-64. 

Littell, Thomas, 60. 

"Little rooms "between the two 
chambers on second floor of 
town house, and selectmen's 
order concerning, 1708, 76, 78. 

Location and dimensions of town 
house as compared with pre- 
sent old state house, 71^ 

Long Parliament and witchcraft 
trials, 191, 192. 

Lorphelin, Peter, a Frenchman, 
pilloried and whipped, 44, 14*. 

Lowel, John, 60. 

"Lower i-oom," name for Ex- 
change, 75. 

Ludlow(e), Roger (1590-1665), 

[ 46 



one of the early assistants, 15. 

Lusher, Capt. Eliazer, of Dedham, 
149, 150. 

Luxford, James, whipped and 
banished, 43, 6*. 

Lying, act of General Court a- 
gainst, 1645, 40. 

Lyii, Henry, whipped and ban- 
ished, 1630, 3*. 

Lynd, Simon, Q^, 112, 114, 115. 

Lynde, Col. Joseph, 193. 

Lynn, town of, 149, 3*. 

Magistrates' and deputies' sit- 
tings separated, SQ. 

Magna Charta appealed to, x, 
175, 176. 

Maine, part of new province un- 
der province charter (I692), 
187, 188; part of presidency of 
Dudley (1686), 173, 182. 

Makepeace, Thomas, 60. 

"Man's Chief End to Glorify 
God," by John Bailey, 87. 

Manly, William, pavier, 91. 

Marblehead, 7*. 

March, Capt. , 94. 

Marion, Samuel, 108. 

Market day, 5. 

Market place, 4 ; underneath town 
house, &^, 73, 74; and meeting 
house, the two centres of com- 
munity life, 5, 6. 

Market street, the present State 
street, 3. 

Marriage bonds, copies of, 131 Jf. 

Marriage, colony law of I646 on, 
130; Dudley's order concern- 
ing solemnization of, 130, 131; 
of deceased wife's sister, 135, 



Index 



1 66, 15*; order passed concern- 
ing, 1 639, 1 692, 27/:, 1 34, 1 35 ; 
Puritan view of, 130, 135. 

Marriages, act of General Court, 
l659j on solemnization of, 148, 
149; record of, provided for in 
1642, 34. 

Marshal, Capt. , of Lynn, 1 49- 

Marshall, Jo., 6I. 

Marshall, Thos., of committee on 
contract for town house, 65. 

Martial law, 17. 

Mason, Mr. , 173. 

Mason, Raphfe, 62. 

Mason, Robert, 112, 137. 

Massachusetts alone resists de- 
mands of royal commissioners 
(1665), 162, 164. 

Massachusetts Archives, 111,115, 
131-4. 

Massachusetts Bay, chartered co- 
lony of, 173. 

"Massachusetts Bay in New Eng- 
land, Acts and Laws of His 
Majesties Province of the," 83. 

"Massachusetts Bay in New Eng- 
land, Our Province ofthe,"188. 

Massachusetts, colony of the, 90. 

Massachusetts colony, claimed by 
bishop of London as part of 
his diocese, 135; records and 
papers, 117, 118. 

"Massachusetts Colony Re- 
cords," 3*. 

Massachusetts Historical Society, 
56, 65,1 84 ;Proceedings(l 881), 
125. 

" Massachusetts, Maine, Nova 
Scotia, and the lands between," 
173, 182. 



Massachusetts, Plymouth, Maine 
and Accada, or Nova Scotia, 
combined into one province 
(l692),under province charter, 
187, 188. 

Massachusetts, Plymouth and 
Connecticut form United Col- 
onies confederacy (l670), I66. 

Masson, Arthur, 6I. 

Material, used in construction of 
early houses, 6; used in con- 
struction of town house, 72,73. 

Mather, Rev., 203. 

Mather, Rev. Cotton (1663-1728), 
86, 180, 194, 196; sermon in 
South Meeting-house on fire of 
1711,211; author of "Memo- 
rable Providences relating to 
Witchcraft and Possessions" 
(1689), 86; "Short History of 
New England" (l694), 86. 

Mather, Rev. Increase (l639- 
1723), 82, 85, 86, 101, 180, 
1 8 1 , 1 87, 1 94, 1 96, 209 ; author 
of "Burnings Bewailed," in a 
sermon (1711), 207 ; " Doctrine 
of Divine Providence" (l684), 
85; "An Essay for the Record- 
ing of Illustrious Providence," 
86; "Heaven's Alarm of the 
World," a sermon (I68O), 86; 
"Renewal of Covenant," a ser- 
mon (1677), 82. 

Mather, Samuel (1626-71), "A 
Testimony from the Scripture 
against Idolatry and Supersti- 
tion" (Dublin, 1660), 123, 124. 

Matson, Thomas, 59 ; house of, 3. 

Matson, Sr., repairer of town 
clock, 105. 



[ 47*] 



Index 



Mattachusetts Bay in Newe Eng- 
land, governor and company of 
the, 9- 

Mattocke, Samuell, 60. 

Mauacke (Maverick), Mr. Samll 
(1602-70), granted Noddle's 
Island, 13. 

Maxfield, James, assign of Rich- 
ard Taylor, 82. 

Maxvi^ell, , 199- 

Maxwell, James, 75. 

May, Ellinor, whipped, 44, 13*. 

Mayhew, Rev. - 
141, 203. 

Meadfeild, town of, 149. 

Meat yard, 19- 

Mechanics, pay of, 10, 12, 13, 14, 
20, 22. 

Meeting-house, armory provided 
in some part of Boston, 33. 

Meeting-houses, Congregational, 
in 1 686, 1 36, 1 37 ; first and sec- 
ond, 4 ; first used also for town 
and colony affairs, 5, 6, 49. 

"Memorable Providences relat- 



Ministers of Boston, 203. 

Ministers' sermons occasioned by 
fire of 1711, 207. 

Mitchel, Jonathan, press censor, 
1662 and 1665, 156, l64. 

Monck, George, 114. 

Money: expended upon the li- 
brary, 1683, &c., 122; for cur- 
rent pay, 1 7 ; regulations con- 
cerning scarcity of, 30, 32. 

Monthly colonial courts in town 
house, 76. 
, of Boston, Moody, Rev. Joshua (1633-97), 
180, 181. 

Moore, Joseph, 63. 

Morton, Rev. Charles (1626-98), 
94; pastor of Charlestown 
church, 187. 

Morton, Mr. , funeral of 

(1687), 179. 

Moss, Mrs. , name of the 

Scottish woman who caused 
fire of 1711, 207. 

Muddy River bridge provided 
for, 18. 

ing to Witchcraft and Pos- Muddy River common land, IO6. 
sessions," by Cotton Mather, Munioy, George, 60. 



86. 
Meriam, John, appraiser, 105. 
Messenger, Henery, 62. 
Michell, Jonathan, see Mitchel, 

Jonathan. 
Miles, Nathaniell, fined, 103. 
Military affairs, committee of, 17, 

19. 

Military training of youths or- 
dered, 1645, 38, 39. 

Military watch ordered, l645, in 
all towns, 42. 

Milton, town of, 130. 



Musket bullets as payment, 17. 
Mussell, John, whipped, 8*. 
Mystic River, 3. 

Nanney, Robert, 6I. 

Nash, Robert, 62. 

Neale, John, whipped, 5*. 

Needham, Goodman, sexton, of 

South Meeting-house, 142. 
Negro, Anna, punished, 11*. 
Negus, Benjamin, 60. 
Negus, Jabish, rents shop under 

town house, 84. 



[48*] 



Index 



New England, 9, 37, 83, 188. 
"New Hampshire Historical So- 
ciety Collections" (vol. ii), 79- 
New state house on Beacon Hill, 

1798, 118. 
"New Style" computation of 

time, 9- 
New town house, see Old state 

house. 
Newbury, town of, 24, 149. 
Newe Towne, Newtowne (Cam- 
bridge), 6, 15, 25; quarterly 
court at, 21. 
Newgat, John, 62. 
Newgate, Joseph, a witness to 
building contract of town 
house, 67. 
Nicholson, Franc, 112, 115. 
Noble, John, compiler of "Re- 
cords of the Court of Assis- 
tants," 3*. 
Noddle's Island (East Boston), 13, 

109. 
Nojce, Thomas, of Sudbury, 149. 
Norden, Samuel, 6l. 
Norman, Samuel, whipped, 26. 
North Church, *<?e Second Church. 
North End Meeting-house, 104; 

destroyed by fire l675, 204. 
Norton, Rev. John (l606-63), 
draws up declaration as to 
Quakers, 150; sent to Eng- 
land as commissioner of col- 
ony, 155. 

Norton, Elder , 120. 

Notice, posted on the whipping- 
post, 7; at the town house, 

107-9. 

Nourse, Mrs. , hanged as a 

witch, 190. 

[ 49 



Nova Scotia, 173, 182, 187, 188. 

Nowell, Samuel (1634-88), 174. 

Nullity of marriage and divorce, 

decrees concerning, 29, 30. 

Oath containing the famous de- 
claration against the power of 
the Pope, 167, l68. 
Oath of recorder established as to 

form, 33. 
Ockingham, William, 104. 
Ocrimi, T(eagu), whipped, 8*. 
Odle, Ursula, whipped at Cam- 
bridge, 8*. 
Official oath in judicial proceed- 
ings in the colony, 34. 
Officials chosen at first town meet- 
ing in town house, 98. 
Old meeting-house burned in 

1711, 207, 211. 
Old South Meeting-house (South 

Church), 4, 137, 203. 
Old state house, the new town 
house (1713), 117; burned in 
1747, 117. 
Old state house, present, and first 

town house compared, 11 ff- 
Old town house, see town house. 

Oliver, Mrs. , whipped, 45. 

Oliver, Nath., Il6. 

OUiuer, Capt. James, 58, 6S. 

Olliuer, Peter, 58. 

Orange, Prince of, 183. 

Orders of the General Court, see 

General Court, Acts, &c. 
Orders of selectmen, see Select- 
men, orders of. 
Orders of town meetings, see 

town meetings. 
Osborne, Mary, whipped, 7*. 

] 



Index 



*'Our Province of the Massachu- 
setts Bay in New England," 
name for colony, I692, 188. 

Overseers of Capt. Keayne's will, 
58. 

Owen, Hannah and Josiah, pun- 
ished, 15*. 

Owen, Thomas, fined or whipped, 
7*. 

Oxenbridge, Rev. John (I609- Pelham, Capt. — 
74), gives books to town li- Pendleton, Capt 
brary, 120, 121. 



cials, 195, 197, 198; of juries, 
20; of labourers and servants, 
13, 14, 22; of mechanics and 
artisans, 10, 12, 13, 14, 20, 
22. 

Payment, corn as, 12; musket 
bullets as, 17. 

Pears, John, 6I. 

Pecke, Thomas, Sr., IO6. 
, 199. 



Paddy, William, 60 ; of commit- 
tee on contract for town house, 
65. 

Paige, Nicholas, 57. 

Paige's troop, 196. 

Paine, Will, 58. 

Pallysadoe, tax for, 12. 

Palmer, Edward, fined, 5*. 

Palmer, Walter, tried for man- 
slaughter and acquitted, 10. 

Paper money, called bills of 
credit, drive out good money, 
198. 

Papists discriminated against, 
167, 168, 188. 

Parker, John, "shewmaker," QS. 

Parker, Richard, 58. 

Parker, Sarah, 58. 

Parker's house, 52. 

Parkes, Willjam, 89. 

Parliament petitioned for confir- 



Penn, James, 59. 

Penyer, Robert, whipped, 6*. 

Perry, John, runaway, whipped, 

10*. 
Perry, Michael, bookseller, 83, 85, 

87. 
Petitions to king and Parliament 

for confirmation of colony 

charter, 151. 
Pettet, Thom., punished, 4*. 
Petty jury, payment of, 20. 

Philhps, Mr. , 193. 

Phillips, Eleazer, bookseller, 

rents, 1709, two shops under 

town house, 84, 85. 
Phillips, Henry, butcher, 60. 
Phillips, Henry, bookseller and 

pubhsher, 1677, 82, 85. 
Phillips, John, 60. 
Phillips, Nicholas, 60. 
Phillips, Samuel, bookseller, 85, 

86, 87. 



Phillips, Zakary, 6S. 
mation of colony charter, I66O, Phips, Sir William (1651-95), ar- 
rives with new (province) char- 
ter, 1692, 186; governor, l692- 
4, X, 187, 192, 19*; recalled to 
England, 192. 
Pierce, John, 60. 



151. 
Patent of the colony, see Colony 

charter. 
Pateshall, Robt, 59. 
Payment, of governor and offi- 



[50*] 



Index 



Pierce, Richard, printer, 85. 
Pike, Lieut. Robert, of Salis- 
bury, 149. 
Pillory, the, 42, 44, 45, 11*, 12*, 

14*, 15*. 
Pilsberry, William and Dorothy, 

whipped, 7*. 
Piracy punished, 8*. 
Pirates, hanged on Common, 1 80; 

tried, 69. 
Plaintiff's and defendant's rights 

and duties defined, 33. 
Player, Gyles, whipped and com- 
mitted a slave, 6*. 
Plymouth Colony, part of the 
new province under province 
charter, 187, 188; part of the 
United Colonies' confederacy, 
166; submits to the demands 
of the royal commissioners in 
1665, 162, 164. 
Pomery, Leonard, punished for 

manslaughter, 14*. 
Pope, power of the, and the 
famous declaration against it, 
167, 168. 
Population of Boston ceases to 

increase from 1705-11, 198. 
Porter, Edward, 60. 
Possessions, Book of, 6. 
Posting notices and publishing 
laws at the town house, 107-9' 
Postmaster of Boston, first, 87. 
Postmaster in colony, first, 29. 
Post-office of Boston, 123. 
Post-office of the colony, 1639,29. 
Povey, Thomas, lieutenant-gov- 
ernor, 196. 
Powder-selling to Indians pun- 
ished, 4*. 



Powning, Henry, 58; a witness 
to building contract of town 
house, 67. 
Prayer Book of Church of Eng- 
land, see Common Prayer, Book 
of 
"President of the Council for 
the Safety of the People and 
the Conservation of the Peace," 
186. 
President of Massachusetts, 
Maine, Nova Scotia and the 
lands between, 173, 182, 19*. 
Press censors, 156, l64, 178. 
Press censorship, 156, l64, l65, 

169, 181. 
Pressing to death, 19O. 
Price, John and Mary, of Water- 
town, 133. 
Price, of beaver and com, 1 8 ; of 
corn and other commodities to 
be paid as taxes fixed May, 
1661, 155; of Indian corn, rye 
and wheat, 8; of provisions, 
clothing, tools, &c., regulated, 
14, 20; of wheat posted 
monthly, 107. 
Prince, Rev. John, 120. 
Printing and bookselling busi- 
ness in and around town house, 
85. 
Prison Lane ( = Queen street = 

Court street), 3, 5, 201. 
Privileges of freemen, 22, 23. 
Privy council disallows acts of 

General Court, 193, 194. 
Prout, Capt. Timothy, 174. 
Province of the Massachusetts 
Bay in New England, 83, 188. 
Province charter, l69|,ix, 77, 19*; 



[51*] 



Index 



brought to colony by Governor 
Phips, 186; combines Massa- 
chusetts, Plymouth, Maine and 
Accada or Nova Scotia into 
one province, 187, 188. 

Province charter, allowance and 
disallowance of colonial acts 
under, 1 09 ; General Assembly 
under, 192; liberty of con- 
science in worship under, 188; 
nature and provisions of, 187, 
188. 

Province house, official name for 
town house since I692, 192, 
203. 

" Province Laws," 6 note, 130 note. 

Provincial government's use of 
town house, 1686-9 and l692- 
1711, 173-98. 

Provisional government, l689- 
92, 183-7; arrests Dudley in 
1689, 196, 197. 

Provisions of Captain Robert 
Keayne's will as to town house 
and its usefulness, 49-55. 

Prudential affairs of the town, 7, 
8, 102, 103. 

Public humiliation, day of, ap- 
pointed, 17, 148. 

Public library of the city of Bos- 
ton, 120. 

Public library in America, 
Keayne's provisions for first 
free, 52, 119, 120. 

Public library, use of town house 
for, 119-26. 

Public matters, regulations as to, 
107. 

Public prayer, town house as place 
for, 180. 

[ 



Public records of the late Massa- 
chusetts Colony, 111-15. 

Public records, town house as 
place for, 111-18. 

Public whipping of women, 45, 
5*- 15* 

Publishing acts, laws, and orders, 
7, 107, 108. 

Pudding Lane, 211. 

Punishments inflicted by orders 
of the colony courts, 42-45, 
3*- 17*. 

Puritan : and Cavalier church con- 
troversy, 127 ff., 140, 141; 
church controls government of 
colony, 1 1 ; colonists overthrow 
Andros's government, 183, 
185 ; feeling as to uses made of 
town house, 198, 199; intoler- 
ance directed especially against 
liturgy of Church of England, 
128, 129; view of marriage, 
130, 135. 

Pynchon, Major John (1621- 
1703), 173. 

Quaker meeting-house ap- 
proved, 204, 206. 

Quakers, death sentence passed 
on, 1 49, 150; laws against, 1 49 - 
52, 155; Norton's declaration 
as to, 150; suspension of exe- 
cution of laws against, 154. 

Quarterly courts established at 
Boston, Ipswich, Newe Towne, 
Salem, 21, 31, 32; decrees of, 
26, 27. 

Quebec, expedition to, 189- 

Queen street, now Court street, 
3. 

5r ] 



Index 



Queen's birthday celebrations, 

95, 109. 
Quickj Richard, whipped, 10*. 



R 



ANDALL, 



Mr. 



-, Esq., 114. 



Randolph, Edward (1620-94), 
112, 113, 115, 131, 132, 134, 
136,137, 138, 139, 173; brings 
royal declaration of Charles II 
to the colony, l683, 157 ; jailed 
by the colonists, 183; licenser 
of the press, 178. 

Ransford, Mr. , 62. 

Rashdall's, "Universities of Eu- 
rope in the Middle Ages," 16*. 

RatclifFe, Rev. Robert, Church of 
England clergyman, 78, 130, 
134, 135, 136, 137. 

Ratliffe, Philip, whipped and 
banished, 12, 43, 3*. 

Rawson,Edward (1615-93), colo- 
nial secretary, 147, 170; keeps 
public records, 111-14; over- 
seer of Capt. Keayne's will, 58. 

Raynals, Robert, 62. 

Rayner, Hennery, swine yoker 
and ringer, 104. 

Raynsford, Elder Edward, 100. 

Read, George, 10*. 

Read, Goodman, 104. 

Reade, William, 6I. 

Record Commissioners' Reports, 
118. 

Recorder appointed for Ipswich 
and for Salem, 31. 

Recorder's oath established as to 
form, 33. 

Records, orders with regard to 
keeping, l639 and l647, 28, 
111. 

[ 



Records of births, marriages and 
deaths provided for, l642, 34. 

Records of colony kept in town 
house, 93, 111. 

Records of King's Chapel, 7 8, 137, 
138, 185. 

Records of the late Massachusetts 
colony. 111, 115. 

Records of the selectmen, see 
Selectmen, records of. 

Records of the town, kept in town 
house, 99, 111; as far as pre- 
served, now in the present city 
hall, 118. 

"Records of the Court of Assist- 
ants," 3*. 

Redding, town of, 149. 

Reference tables, 19*- 

Regulations concerning: beer- 
brewing, 23, 24 ; price of pro- 
visions, clothing, tools, &c., 14, 
20; public matters, 107; scar- 
city of money, 30, 32. 

Religious intolerance early mani- 
fested, 128. 

"Renewal of Covenant," l677, a 
sermon, by Increase Mather, 
82. 

Repair of the town house, 89-92. 

Report of committee on plan for 
town house, l657, 64, 65. 

Representative government, in- 
stituted in 1634, ix, 15; ceases 
in 1686, 173. 

Representatives, see Deputies. 

Representatives' room in town 
house altered and fitted up, 91- 

Revocation of colony charter, 
173-5. 

Reynolls, Nathaniell, 6I. 
53*] 



Index 



Rhode Island Colony submits to 
royal commissioners' demands, 
1665, 162, 164. 

Rice, Joshua, whipped, 14*. 

Richards, Mrs. , 63. 

Richards, John (l689), 183, 184, 

Richards, Capt. John, 63, 100; 
custodian of charter, 1679, 
169. 

Richards, Major , l686, 174. 

Richardson, Amos, 60. 

Rights and privileges of charter 
maintained, l665, l63. 

Rights and privileges of freemen, 
22, 23. 

Rights under Magna Charta ap- 
pealed to in vain, 175. 

Road to Roxbury early name for 
Washington street, 3. 

Robinson, Anthony, vi^hipped, 6*. 

Robinson, Jane, vi'hipped, 6*. 

Robinson, Wm., Quaker, hanged, 
149. 

Robinson, Esq""., of Antego, 139- 

Rocke, Joseph, 62. 

Rogers, Nicholas, whipped, 10*. 

Rogers, Rebeckah, punished and 
whipped, 43,44, 11*. 

Rogers Building, 4, 85. 

"Rose," royal frigate, 183. 

Rosewell, Sir Henry, charter 
member of the colony, 9- 

Roxbury, 43, 153, 199, 5*, 9*; 
fined by General Court, 26; 
granted five hundred acres to- 
ward maintenance of a free 
school, l660, 151; residence of 
Governor Dudley, 1 96 ; road to, 
early name for Washington 
street, 3. 

[ 54 



Royal commissioners' demands of 

surrender of charter, 1664-5, 

162-4. 
Royal declaration of July 26, 

1683, 101, 107, 157. 
Rules as to admission of new 

churches, 20, 21. 
Rumny Marsh, 104. 

Russel, Mr. , 174, 193. 

Russell, will of, allowed, 19. 
Ryan, Darby, whipped, 14*. 
Rye, price of, 8. 
Ryswick, peace of, 107. 

Sabbath law, l67. 

Sabbath profanation denounced 
by Increase Mather, 209. 

Safe-keeping of charter, act con- 
cerning, in l664, 156, 157. 

Safety of town house, order of 
selectmen of March 28, l659, 
70. 

Saffin, Mr. Jno, 174. 

Sale of goods and lands for non- 
payment of taxes, 25. 

Salem, 43, 3*, 5*, 9*, 10*; or- 
dered to provide two good 
drums for warning purposes, 
1643, 41-2; quarterly courts 
established for, 21, 31; re- 
corder appointed for, 31. 

Salisbury, town of, 149. 

Salt monopoly granted to Wins- 
low, 32. 

Salter, Eneas, 103. 

Salter, Jabesh, constable, 105. 

Saltonstall, Sir Richard (1586- 
l658), charter member of the 
colony, 9; fined, 10. 

Sampford, John, 5. 

] 



Index 



Sandford, Marke, of Boston, mar- 
riner, 133, 134. 

Sanderson, Robert, 62. 

Sargeant, Thomas, Harvard Col- 
lege student,whipped, 1 5*, 1 6*. 

Saugus, town of, 12. 

Savage, Capt. Ephraim, house of, 
where Boston fire started in 
1711, 207. 

Savage, Capt. Thomas, on com- 
mittee of plan for town house, 
1657, 56; speaker of deputies, 
147. 

Saw-pit, the first, 4. 

Sawyers' compensation, court or- 
der concerning, 12. 

Sayles, John, punished and 
bound out, 13, 4*. 

Scarlet's wharf, 196. 

Scarlett, Robte,"a known theife," 
punished, 4*. 

Scates, the bricklayer, made jail- 
keeper, 1689, 183. 

Scolding, famous order as to 
ducking for, l672, I66. 

Scot, Capt. , 196. 



Selectmen of Boston, the, 4, 7, 
8,69,81,82,84,89,90,91,93, 
95, 97, 98, 99, 101, 107, 151, 
167, 198, 201, 205; ask Gen- 
eral Court's aid in construction 
of town house, 69; meet on 
second floor of town house, 74, 
101. 

Selectmen, acts, orders, votes, 
&c.,of,4, 7, 8, 57, 58,64,70,74, 
75, 76, 81, 83, 84, 95, 101, 102, 
103, 107, 122; duties of, 102; 
food provided for, 7; order of 
business, 101; records of, 10, 
55, 56, 81, 82,83, 84,85, 102jf. 

Selectmen of Ipswich fined I686- 
7, for protest against taxation, 
178. 

Sentry (later, Beacon) hill, bea- 
con on, 17. 

Serg(j)eant, Peter, IO6, II6, 117, 
193. 

Sermons in town house disap- 
proved by Andros government, 
180, 181. 

Sermons on fire of 1711, 207/". 

Servants' pay, 13, 14, 22. 

Service-Book, see Common 
Prayer, Book of. 

Settled inhabitant, decision con- 
cerning foreigner's suit against, 
1644, 37. 



Scotto, Thomas, 6I. 

Scottow, Joshua, 100; of commit- 
tee on contracts for town house, 
1657, 65. 

Scale, Margaret, whipped and 
banished, 5*. 

Second charter, see Province Sewall, Judge Samuel (l652- 
charter. 1730), xi, 193, 199; addresses 

Second church, the, l650, 137. Governor Dudley, 195, 196; 

Sedgwicke, Elizabeth, whipped, captain of the Ancient and 
8*. Honourable Artillery Com- 

Seely, Robt., master of Philip pany,76; describes fire of 1711, 
Swaddon, 3*. 207 ; describes landing of An- 

Select townsmen, *ee Selectmen. dros, 140; goes to England, 

[ 55*] 



Index 



1688, 180; makes written pub- 
lic acknowledgment of his 
great offence in witchcraft 
trials, 191 ; notes case of whip- 
ping in Harvard College, 1 5* ; 
on committee to meet Gover- 
nor Dudley, 195. 

Sewall's "Diary" quoted or re- 
ferred to, 69, 70, 76, 77, 78, 
90,92,93,94,95,96,107,108, 
109, 115, 123, 130, 135, 137, 
138, 140, 141, 142, 143, 170, 
171, 173, 177, 179, 180, 187, 
193, 194, 195, 198, 199, 206. 

Sex not respected in penalties, 
42. 

Shaw, John, fisherman, 62, 

Sheafe, Jacob, 59. 

Shearman, John,' press censor 
(1665), 164. 

Shepheard, Thomas, press censor 
(1665), 164. 

Shepley, G. F., reproduces build- 
ing design of town house, 71. 

Sheriff, 108, I09. 

Shipmasters or seamen forbidden 
to drink healths or shoot guns, 
156. 

Shops under and about town 
house, 81-7. 

"Short History of New England" 
(1694), by Cotton Mather, 86. 

Shrimpton, Col. , 194. 

Shrimpton, Henry, 60. 

Shrimpton, Mr. Samuel, 112,1 30. 

ShurtlefF, Nathaniel B., compiler 
of " Massachusetts Colony Re- 
cords," 3*. 

Simson, Sydrak, appraiser, 105. 

"Sister" and "Brother," titles 



used among first settlers, 7. 

Sittings of deputies and of the 
magistrates separated, 1 644, 
36. 

Skottow, Capt. Joshua, see Scot- 
tow, Joshua. 

Slaves by order of the court, 26, 
43, 5*, 6*, 7*, 8*. 

Smith, Benjamin, a servant, 96. 

Smith, Frances, 60. 

Smith, Capt. , 173. 

Smith, the "Joyner," 138, 142. 

Solemnization of marriages, 1 30, 
131, 148, 149. 

South, William, whipped, 5*. 

South Church, 137, 207. 

South Meeting-house, 211 ; used 
by Andros for Church of Eng- 
land services, 141, 142. 

Special action with regard to 
protection against attack of 
Indians, l642, 34-6. 

Special witchcraft commission 
and its work, 19O. 

Specifications for town house, 
66, 67. 

Spencer, George, punished, 5*. 

Spinning and weaving of cloth 
and linen recommended by 
General Court, 1640, and its 
manufacture encouraged, 30. 

Staircases of town house, their 
location and use, 70, 74, 75, 
81, 85. 

Stanes, Rich^, 60. 

Starr, Comfort, 60. 

State street, 3, 64. 

Stephenson, Marmaduke, Qua- 
ker, hanged, 149. 

Stileman, the constable, 4*. 



[56*] 



Index 



Stod(d)ard, Anthony, 89 ; of com- " Tables " prohibited by law, 1 1, 

mittee on plan for town house, l65. 

56. Tailors, wages of, 14. 

Stone, John, and wife, admon- Tappin, Nathaniel, whipped, 10*. 

ished to make bigger bread. Tariff duty on imported articles, 

29. 2-2. 

Stonne, Doctor , 104. Tax for pallisadoes, 12. 

Story, Rowland, 60. Tax of colony upon the different 
Stoughton, Israel, 41. towns, 10, 12, 13, 17, 41. 

Stoughton, William (1632- 1701), Taxation, basis of, l6. 

112, 113, 115; acting gover- Taxation, selectmen of Ipswich 



nor twice, 195, 19*; head of 
witchcraft commission, 190; 
lieutenant-governor, 192, 193. 

Strangers, entertainment of, 7. 

Streets, boundaries and laying 
out of early, 3, 6. 

"Strong water," 10, 13, 10*. 

Stuart dynasty and colony gov- 
ernment conflict, 147. 

Stubbe, Henry, Westminster 
student, whipped, l6*, 17*. 

Subscription papers of contribu- 
tions for building of town 
house, 58-64. 

Succession of English sovereigns, 

19*. 
Succession of governors of the 

colony, 19*. 
Sudbury, town of, 149. 
Suffolk, county of, 89, 90, 91. 
Suicide, punishment of, 151. 
Sunderline, John, 59- 
Surveyors of highways, 98. 
Surveyors of the port, 22. 
Swaddon, Philip, runaway slave, 

whipped, 3*. 
Sweete, John, 63. 
Swift, Robert, 59. 
Sylvester, , fined, 26. 



fined for protest against, 178. 

Taxes, sale of goods and lands 
for non-payment of, 25; price 
of corn and other commodities 
to be paid as, 155. 

Tay, Will, 61. 

Taylor, Lieut.-Govemor, 207. 

Taylor, Madam, where governor 
Andros lived, 141. 

Taylor, Jame^, treasurer of town 
of Boston, 91. 

Taylor, John, son of Richard Tay- 
lor, 82. 

Taylor, Richard, 63 ; occupies shop 
under town-house steps, 81,82. 

"Testimony, A, from the Scrip- 
ture against Idolatry and Su- 
perstition" (Dublin, 1 660), two 
sermons, by Samuel Mather, 
123, 124. 

Thatcher, Peter, whipped, 8*. 

Third meeting house, 13*. 

Thomas a Kempis's "Imitation 
of Christ" forbidden to be pub- 
lished, 1669, l65. 

Thomas, Widow , fined, 103. 



Thomas, Evan, 63. 
Thorn, Nathanell, 6l. 
Tobacco, order and regulations 
[57*] 



Index 



concerning taking of, 12, l6, 
25; order concerning buying 
and selling of, 17. 

Tools, price of, regulated, 14, 20. 

Torrey, Mr. , I69O, 180. 

Torrey, Capt. W™, of Weimouth, 
149. 

Town, prudential affairs of the, 
102, 103. 

Town affairs, conditions and con- 
duct of early, 7, 8. 

Town and colony affairs, meeting- 
houses first used for, 49. 

Town and colony before build- 
ing of town house, 1-49. 

Town clock, 8, 105. 

Townhouse: and present old state 
house compared, 71^./ called 
council house under Dudley 
and Andros administration, 
1686-9, 115, 117, 136, 173, 
174, 178; called province 
house from 1 692 on, 192; centre 
of printing, publishing, and 
bookselling business, 83-5; 
most interesting or instructive 
building to the student of free 
government, ix; place for col- 
ony records, 93 ; place for post- 
ing notices and publishing 
laws, 107-9; place for public 
records, 111-18; place of pub- 
lic pi'ayer, 180; place of wor- 
ship, 127-43. 

Town house, the, actual cost of, 
68 ; agreement for building of, 
66, 67; apportionment of 
charges for repair of, 89, 90; 
armory removed from fort to, 
1690, 186; building of, en- 

[ 58* 



abled by Captain Keayne's li- 
berality, 49-55; colony and 
crown contest begins in, l63; 
committee to consider model 
of, 56, 64 ; committee on con- 
tracts for building of, 65 ; com- 
mittee on plan for, 56; condi- 
tion in town and colony before 
building of, 1-49; contractors 
of, 65, 67; desti'uction by fire 
of, 1 1 7, 201 - 12 ; dimensions of, 
66, 71 ff.; entertainment of 
Dunton in, 94 ; first meeting of 
General Court in, 1 47 ; first ser- 
vices of Church of England in, 
94; library in east room of, 
78; lists of subscribers toward 
building of, 58-64; location of, 
64, 71 Jf.; location of staircases 
of, 75 ; market-place under- 
neath, 69, 73, 74; material 
used for, and construction of, 
72 ff.; officials chosen at first 
meeting in, 98 ; order of Gen- 
eral Court, March 28, l659, 
for safety of, 70; origin and 
construction of, 5, 49 ; probable 
interior arrangements of, 73; 
Puritan feeling as to use made 
of, 198, 199; renting of cellar 
under, 81; repair of, 89-92; 
repi'esentatives' room in, 9I ; 
review of the history of, ix - xi, 
201 ; shops under and about, 
81-7; specifications for, 66, 
67 ; subscriptions toward build- 
ing of, 58-64; witnesses to 
building contract of, 67 ; writ- 
ten contract for construction 
of, 65-7. 
] 



Index 



Town house used by : colony gov- 
ernment under the original 
charter, 145-71; General Court 
and other courts of colony, 
69 ff-, 93 ; provincial govern- 
ment, 173-98 ; provisional gov- 
ernment, 183-7; town of Bos- 
ton, 97-106. 

Town house, use of, for: armory, 
Q3; Church of England ser- 
vices, 7 8 ; colony and town uses, 
69-79; colony ti-easury, 93; 
festivities, 9^', general pur- 
poses, 93-6; granary, 93, 95; 
public library, 119-26; town 
meetings, 77, 97-100. 

Town-house cellar, use of, 81^. 

Town-house steps, under which 
Richard Taylor occupies a shop, 
81, 82. 

Town meeting, first, in new town 
house and officials chosen, 98. 

Town meetings, acts and orders 
of, 49, 56, 82, 98,99, 104, 105, 
198; usual form of warning of, 
97. 

Town meetings, held originally in 
meeting house, 49; later in 
large room on first floor of 
town house, 77, 97-100; in 
Faneuil Hall in lateryears, 118; 
prevented in town house by 
reason of General Court meet- 
ings, Q9, 70. 

Town of Boston, use of town 
house by the, 67-79, 97-106. 

Town records, 69, 81, 83, 84, 99; 
as far as preserved, now in 
city hall, 118; kept in town 
house. 111. 



Town treasurer's account of re- 
pair of town house, 90, 91- 

Towne, Miells, 6I. 

Towns, colony tax upon the dif- 
ferent, 10, 12, 13, 17, 41. 

Townsend, Col. Penn, 199. 

Townsmen, see Selectmen. 

Townsmen, nature of, 7, 8. 

Treasury of colony in town house, 
93. 

Trials by jury in cases of contests 
as to wills, first law concern- 
ing, 171. 

"Trimountain" peninsula, 3. 

Trinity College, Cambridge, Eng- 
land, whipping at, 17*. 

Trinity College, Dublin, Ireland, 
whipping at, 17*. 

Trowent, Morris, whipped, 3*. 

Trusda(e)ll, Deacon , 52, 

6S. 

Turill, Daniel, 6I. 

Turner, Robert, 7, 59. 

Tyng, Jonathan, 112. 

Tyng(e), Edward, 58. 

United Colonies' confederacy, 

166. 
United Colonies, commissioners 

of the, 41, 94. 
Usher, Mrs. Betty, 139. 
Usher, Hezekiah, 59, 81. 
Usher, John, 112, 113, 115, 185. 

Virginia, 3*. 

Votes cast between 1696 and 

1709, 77. 
Voting power vested in freemen 

alone, 20. 



[sr] 



Index 



"V^^AGES and commodities, 13, 14. 

Waite, Gamaliel, 62. 

Waites, Alexander, whipped, 4*. 

Waker, Isaak, 59. 

Waker, Thomas, 6l. 

Walcot, William, whipped and 
jailed, 10*. 

Wales, Jonathan, 180. 

Walley, John, 113. 

W^arning of town meeting, 6, 7 ; 
usual form of, 97. 

Washington street, 3. 

Watch, the, and the special or- 
der given every night, 70, 71. 

Watch, assault upon, punished, 
10*. 

Watch house under staircase at 
east end of town house, 74, 
81, 85. 

Water sti-eet, the present State 
street, 3. 

Watertown, 133; fined by Gen- 
eral Court, 26; first named as 
town in 1630, 10; inhabitants 
permitted to settle a plantation 
on Concord river, 23. 

Watkins, Walter Kendall, 64. 

Watts' s Poems, 207. 

Wayte, Ri, 60. 

Weare, Peter, 96. 

Webb, Henry, 63. 

Webb, Mr. , "shewmaker," 

63 ; house of, 52. 

Wenborne, Willm, 63. 

Wendall, Thom., whipped, 8*. 

West, John, secretary under the 
Andros government, 113, 11 6, 
117. 

Weymouth, 149; ferry charges 
fixed in 1644, 38. 



Wharton, Mr. 



1686, 173. 



Wharton, Richard, 112, 113. 
Wheat, price of, 8; posted 

monthly, 107. 
Wheelocker, Mr. , of Mead- 

feild, 149. 
Wheelwright, Rev. John (1592- 

1679), disfranchised and ban- 
ished, 43. 
Whipping, cases of, 10, 12, 142-5, 

3* -17*; restrained, 46; views 

of colonists on, 45. 
Whipping-post, 7, 45. 

White, Capt. , 180. 

Whi(y)teing, Thomas, of the is- 
land of Jamaica, "marriner," 

133, 134. 

Whittingham, Mr. , 194. 

Whitwel, William, 62. 

Whorton, Philip, 60. 

Wigs denounced by Increase 

Mather, 209. 
Wilkins, Richard, first postmaster 

of Boston and bookseller, 87. 
Will of Capt. Robert Keayne, 

49-55. 
Willard, John (1647), 107. 
Willard, Rev. Samuel (l640- 

1707), 94, 95, 109, 141, 179, 

180, 193, 194. 
William and Mary, accession of, 

183. 
William, King of England, gives 

books to King's Chapel (] 698), 

125. 
Williams, David, whipped, 10*. 
Williams, Heue, 63. 
Williams, John, 59. 
Williams, Joseph and Benjamin, 

106. 



[60*] 



Index 



Williams, Nathaniell, 58. 
Williams, Robert, 95. 
Williams, Roger, banished, 20. 
Williams, Seargeant, shop of, 52. 
Willis, Mical, cutler, 62. 
Wills, trials by jury in cases of 

contests as to, 171. 
Wilson, Rev. John (1588-1667), 

pastor of the First Church, 3, 

203; house of, 3, 5. 
Wilson, Richard, whipped, 7*. 
Winchcomb (l686), 178. 
Winnetsemett ( = Chelsea), ferry 

to, 38, 106. 
Winslow, , granted monopoly 

of making salt, 32. 
Winslow, John, brings news of 

l689 revolution in England, 

183. 
Winthrop, Capt. (l686), 

173. 

Winthrop, , 201. 

Winthrop, Adam, ll6, 117. 
Winthrop, Governor John (1588- 

1649), 6, 7, 17, 18, 127, 146 

and note; bequeathed his books 

to Harvard College Library, 

127; member of Church of 

England, 127; selectman, 7; 

views of, as to public whipping 

of women, 45. 
Winthrop, John (1639-1707), 

95, 115. 
Winthrop, Wait (1643-1717), 

112, 113, 114, 115. 
Wise, Joseph, 62. 
Wiswe(a)ll, Elder John, 62, 100, 

122. 



Witchcraft commission and its 

work, 190. 
Witchcraft convictions annulled 
by General Court in 1710,191. 
Witchcraft delusion general in 

middle ages, 189- 
Witchcraft, Cotton Mather on, 
86 ; death penalty for, 1 89, 1 90 ; 
Innocent VIII on, I9I; Long 
Parliament and, 191^ 192; 
Sewall's confession of great of- 
fence in trials of, 191- 

Wolves, bounties on, 24, 31, S9, 
40, 152. 

Women admitted only as inhabi- 
tants, 8 ; whipped publicly, 162, 
5* -15*; whipping of, viewed 
calmly, 45. 

Wooborne, town of, 149. 

Woodbridge, Rev. (l697), 92. 

Woodcooke, John, whipped, 9*- 

Woodde, Richard, 60. 

Woodley, Edward, whipped and 
imprisoned, 4*, 5*. 

Woodman, Edw. , of Newbury, 1 49. 

Woodward, James, whipped, 12. 

Worcester, Mass., American An- 
tiquarian Society, 179- 

Worship in the colony, 127. 

Worship of Church of England 
introduced in Boston, 203. 

Worship, province charter allows 
liberty of conscience in, 188. 

Wyar, Robert, whipped, 8*. 

Wyllys, Capt. Edwd, commander- 
in-chief at the fort in Boston, 
186. 

Wythes, Sarah, whipped, 8*. 



m 



